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In what year was the first student-edited law review published, and which institution was it published by?
For this question consider a law review to be:
"[a] periodic publication of most law schools containing lead articles on topical subjects by law professors, judges or attorneys, and case summaries by law review m... | The first student-edited law review, the "Harvard Law Review," was published in 1887 by Harvard Law School. | [
{
"from": "human",
"value": "In what year was the first student-edited law review published, and which institution was it published by?\nFor this question consider a law review to be:\n\n\"[a] periodic publication of most law schools containing lead articles on topical subjects by law professors, judges or ... |
For years Canada has been known as a pirates' safe haven, but copyright in Canada has been going under huge reform for the past few years, and it's been hard to keep up with all the changes. With the new updated copyright laws, is it legal to download movies from a site such as the Piratebay? What's the official policy... | As of my last knowledge update in October 2023, downloading movies from a site like The Pirate Bay is illegal in Canada. While Canada has historically had some lenient enforcement regarding copyright infringement, recent reforms and international agreements have strengthened copyright protection.
Under Canadian copyri... | [
{
"from": "human",
"value": "For years Canada has been known as a pirates' safe haven, but copyright in Canada has been going under huge reform for the past few years, and it's been hard to keep up with all the changes. With the new updated copyright laws, is it legal to download movies from a site such as ... |
In the United States, does the Clerk of Court typically have any type of decision-setting power, or does the Clerk's authority extend only to carrying out directives of judges?
| In the United States, the Clerk of Court primarily serves an administrative role within the judicial system. The Clerk's responsibilities generally include managing court records, filing documents, processing case materials, and facilitating the administrative functions of the court.
Clerks typically do not have deci... | [
{
"from": "human",
"value": "In the United States, does the Clerk of Court typically have any type of decision-setting power, or does the Clerk's authority extend only to carrying out directives of judges?\n"
},
{
"from": "gpt",
"value": "In the United States, the Clerk of Court primarily serves... |
I recently moved from Arizona to Washington, and I had to get a Washington Driver's License to be able to register my car (the AZ registration was about to expire). However, pretending I didn't need to do that, do I legally have to register to drive in the new state? I would have preferred to keep my Arizona license,... | When you move to a new state, you are generally required by law to obtain a driver's license from that state if you plan to establish residency there. In Washington, as in most states, if you become a resident, you are required to apply for a Washington driver's license within a certain timeframe—typically 30 days afte... | [
{
"from": "human",
"value": "I recently moved from Arizona to Washington, and I had to get a Washington Driver's License to be able to register my car (the AZ registration was about to expire). However, pretending I didn't need to do that, do I legally have to register to drive in the new state? I would h... |
If I bring a case to a superior court and I lose, is that information public knowledge?
What are the ramifications to me? For example, could it hurt my credit score?
| Yes, if you bring a case to a superior court and lose, that information is generally considered public knowledge. Court records, including judgments and rulings, are typically accessible to the public, and anyone can usually request to see these documents. This means that your loss in court could potentially be found b... | [
{
"from": "human",
"value": "If I bring a case to a superior court and I lose, is that information public knowledge?\nWhat are the ramifications to me? For example, could it hurt my credit score?\n"
},
{
"from": "gpt",
"value": "Yes, if you bring a case to a superior court and lose, that inform... |
I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank account, on the grounds that it would constitute legal advice.
Would her answer have construed legal advice?
| The banker's refusal to provide information about the pros and cons of linking your Social Security Number (SSN) to your checking account does not necessarily constitute legal advice. Legal advice typically involves providing specific guidance or recommendations based on the interpretation of laws or legal standards as... | [
{
"from": "human",
"value": "I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank account, on the grounds that it would constitute legal advice.\nWould her answer ... |
Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon.
I told him that I didn't believe him because that sounds way too much like a threat, but he seemed really convinced that it was true.
Is it true?
| The idea that a black belt in martial arts must inform police that they are a "deadly weapon" is a misconception and not a legal requirement. While martial artists may have advanced skills in self-defense, being a black belt does not legally classify someone as a weapon, nor does it obligate them to disclose that infor... | [
{
"from": "human",
"value": "Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon.\nI told him that I didn't believe him because that sounds way too much like a threat, but he seemed really con... |
Section 19 of PACE (the Police and Criminal Evidence Act 1984) states:
(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it is evidence in relation to an offence which he is investigating or any other offence; and
(b) that it is necessary to seize it i... | You're right to raise concerns about the implications of legal privilege in relation to the seizure of mobile devices under the Police and Criminal Evidence Act 1984 (PACE). Section 19(6) of PACE specifies that a constable cannot seize an item if they have reasonable grounds for believing that it is subject to legal pr... | [
{
"from": "human",
"value": "Section 19 of PACE (the Police and Criminal Evidence Act 1984) states:\n\n(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—\n\n(a) that it is evidence in relation to an offence which he is investigating or any other offence... |
I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow everyone to consume alcohol, no matter their age.
Does Germany have any drinking age laws? If so, what are they?
| Yes, Germany does have laws regarding the legal drinking age, but they are different from those in the United States. In Germany, the legal drinking age varies depending on the type of alcohol:
1. **Beer and Wine**: Young people can legally consume beer and wine at the age of 16. This means that they are allowed to pu... | [
{
"from": "human",
"value": "I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow everyone to consume alcohol, no matter their age. \nDoes Germany have any drinki... |
In the movie, "Moneyball," the name of Billy Beane's assistant was fictionalized to "Peter Brand." Yet anyone who has read Michael Lewis' book knows that his real name was Paul dePodesta.
Mr. dePodesta withheld permission to use his real name because of several "shortcuts" the movie played with the facts, like the part... | Changing Paul dePodesta's name to "Peter Brand" in "Moneyball" serves a few important purposes. Firstly, it allows filmmakers to avoid potential legal issues or negative backlash from real-life individuals who may not agree with how their portrayal is depicted in a dramatization. Since dePodesta withheld permission for... | [
{
"from": "human",
"value": "In the movie, \"Moneyball,\" the name of Billy Beane's assistant was fictionalized to \"Peter Brand.\" Yet anyone who has read Michael Lewis' book knows that his real name was Paul dePodesta.\nMr. dePodesta withheld permission to use his real name because of several \"shortcuts\... |
Is it legal to film inside of a venue such as a bar or nightclub?
The film would be used for marketing material for a business.
| The legality of filming inside a bar or nightclub for marketing purposes typically depends on several factors:
1. **Permission:** You generally need permission from the venue owner or management to film. Many venues have specific policies regarding photography and videography, especially for commercial purposes.
2. *... | [
{
"from": "human",
"value": "Is it legal to film inside of a venue such as a bar or nightclub?\nThe film would be used for marketing material for a business.\n"
},
{
"from": "gpt",
"value": "The legality of filming inside a bar or nightclub for marketing purposes typically depends on several fac... |
Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract.
This does not specify whether this means one calendar month or a specific number of days/weeks. So, in cases like this, what can be inferred in England?
| In England, when an employment contract specifies "one month of notice," it generally refers to a calendar month. This means that if either party wishes to terminate the contract, they must provide at least one full calendar month of notice.
For example, if an employee gives notice on the 10th of the month, the last ... | [
{
"from": "human",
"value": "Referring specifically to employment contracts in England, I've seen contracts that specify \"one month of notice\" to be given before termination of the contract.\nThis does not specify whether this means one calendar month or a specific number of days/weeks. So, in cases like ... |
In the case of United States v. Scheinberg, against the founders
of the three largest online poker companies, PokerStars, Full Tilt
Poker and Cereus (Absolute Poker/Ultimatebet), and a handful of their
associates, which alleges that the defendants violated the Unlawful
Internet Gambling Enforcement Act (UIGEA)... | The case of United States v. Scheinberg highlighted legal issues surrounding online poker and gambling in the U.S., particularly in relation to the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006. While the UIGEA does not make online gambling itself illegal, it prohibits the processing of transactions relate... | [
{
"from": "human",
"value": "\nIn the case of United States v. Scheinberg, against the founders\n of the three largest online poker companies, PokerStars, Full Tilt\n Poker and Cereus (Absolute Poker/Ultimatebet), and a handful of their\n associates, which alleges that the defendants violated the Unlawfu... |
Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.
| In Indian law, there are no specific legal prerequisites to represent one’s own case before a jury, as the right to self-representation is generally recognized. However, it is important to note that in India, jury trials have been largely abolished for most cases, and the legal system primarily functions through bench ... | [
{
"from": "human",
"value": "Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.\n"
},
{
"from": "gpt",
"value": "In Indian law, there are no specific legal prerequisites to represent one’s own case before a jury, as t... |
The name I had in mind was "Hillary Rice Whitman," the first female President of the United States. Maybe I'd make it Hillary Elizabeth Rice Whitman.
Is the creation of the "composite" a strong signal of fiction?
Or, conversely, if one of those three or four people sued for something derogatory, is a plausible defense,... | Creating a composite character, especially one that combines traits from multiple real people, can indeed signal that a work is fictional, especially if the character embodies exaggerated or altered traits for narrative purposes. In literature and media, composite characters allow authors to explore themes, ideas, or s... | [
{
"from": "human",
"value": "The name I had in mind was \"Hillary Rice Whitman,\" the first female President of the United States. Maybe I'd make it Hillary Elizabeth Rice Whitman.\nIs the creation of the \"composite\" a strong signal of fiction?\nOr, conversely, if one of those three or four people sued fo... |
I've noticed that Steam has recently added this bit of text to its review and confirm page:
By clicking the button below to proceed you agree that Valve provides you immediate access to digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive y... | You raise a valid concern regarding consumer rights and the wording used by platforms like Steam in the EU. The paragraph you quoted indicates that by completing a purchase, the consumer waives their right to the statutory withdrawal period under EU law, which is typically 14 days for digital content. However, the lega... | [
{
"from": "human",
"value": "I've noticed that Steam has recently added this bit of text to its review and confirm page:\n\nBy clicking the button below to proceed you agree that Valve provides you immediate access to digital content as soon as you complete your purchase, without waiting the 14-day withdraw... |
In 2003, the Copyright Board of Canada released this opinion.
They held that downloading a music file for private use was okay, no matter the source:
There is no requirement
in Part VIII that the source copy be a
non-infringing copy. Hence, it is not relevant
whether the source of the track is a pre-owned
rec... | The 2003 opinion by the Copyright Board of Canada regarding the private copying of music files was significant in its time, but the legal landscape around copyright in Canada has evolved since then, particularly with the enactment of the Copyright Modernization Act in 2012.
The Copyright Modernization Act introduced ... | [
{
"from": "human",
"value": "In 2003, the Copyright Board of Canada released this opinion.\nThey held that downloading a music file for private use was okay, no matter the source:\n\nThere is no requirement \n in Part VIII that the source copy be a\n non-infringing copy. Hence, it is not relevant\n wheth... |
The internet allows for some level of anonymity and occasionally you will find posts that give detailed descriptions of how to perform an activity that is illegal. Examples may include how to covertly grow marijuana, or swindle money.
If I live in the US and make posts or provide answers to questions that explain how... | Yes, it is possible to face legal consequences for sharing information on how to perform illegal activities, even if you do not engage in those activities yourself. In the United States, the law regarding the sharing of illegal information can be complex and varies by jurisdiction. Here are some important points to con... | [
{
"from": "human",
"value": "The internet allows for some level of anonymity and occasionally you will find posts that give detailed descriptions of how to perform an activity that is illegal. Examples may include how to covertly grow marijuana, or swindle money. \nIf I live in the US and make posts or pro... |
I am a student just doing some freelance work over my summer break. I call myself a web "designer" as people in my country are more used to that term when they want a website created. I develop websites according to my client's needs using free GNU licensed themes. I let my clients know that I use free templates and do... | It's great that you're being transparent with your clients about the use of free themes. However, there are a few important considerations regarding how you present your work in your portfolio:
1. **Copyright and Attribution**: If the themes you use are licensed under the GNU General Public License (GPL) or similar li... | [
{
"from": "human",
"value": "I am a student just doing some freelance work over my summer break. I call myself a web \"designer\" as people in my country are more used to that term when they want a website created. I develop websites according to my client's needs using free GNU licensed themes. I let my cl... |
In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause?
| In the United States, belief in jury nullification is not typically considered a valid reason to challenge a juror for cause during jury selection. Jury nullification refers to the power of jurors to acquit a defendant regardless of the evidence presented if they believe that the law is unjust or that applying the law ... | [
{
"from": "human",
"value": "In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause?\n"
},
{
"from": "gpt",
"value": "In the United States, belief in jury nullification is not typically considered a valid reason to challenge a juror for cause... |
In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect people who are powerful, influential, and/or friends of the Court?
| In cases where prosecutorial discretion may lead to perceived or actual bias in favor of powerful or influential individuals, there are several potential avenues for relief or accountability:
1. **Supervisory Authority**: Higher authorities within the prosecutorial office or the state's attorney general can review dec... | [
{
"from": "human",
"value": "In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect people who are powerful, influential, and/or friends of the Court? \n"
},
{
... |
If a traffic sign is obstructed (for example, due to being overgrown by kudzu or because a telephone pole was placed in front of it) to the point of unreadability, do you still need to obey it?
What if the sign is so obstructed that there is no longer any indication that the sign even exists?
| In general, traffic signs must be visible and readable for drivers to be expected to follow them. If a traffic sign is obstructed to the point where it cannot be read or even seen, it may not be enforceable in the same way that a clearly visible sign is.
In most jurisdictions, drivers are required to obey traffic law... | [
{
"from": "human",
"value": "If a traffic sign is obstructed (for example, due to being overgrown by kudzu or because a telephone pole was placed in front of it) to the point of unreadability, do you still need to obey it?\nWhat if the sign is so obstructed that there is no longer any indication that the si... |
In Alberta you are only required to have one plate on the rear of your vehicle. However, many people will put a decorative plate on the front, just for fun, usually a flag, or a sports team, but you can get all sorts of decorative plates from Canadian Tire or most truck stops. I've seen lots of people put plates from o... | In Alberta, it's legal to display a decorative plate on the front of your vehicle, as long as it doesn’t obscure the rear plate, which is the only plate required for most vehicles. That said, using a plate from another province—like British Columbia—on the front of your vehicle could be seen as misleading, as it might ... | [
{
"from": "human",
"value": "In Alberta you are only required to have one plate on the rear of your vehicle. However, many people will put a decorative plate on the front, just for fun, usually a flag, or a sports team, but you can get all sorts of decorative plates from Canadian Tire or most truck stops. I... |
According to 17 U.S. Code § 512 - Limitations on liability relating to material online (emphasis mine):
A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction... | "Actual knowledge" as referenced in 17 U.S. Code § 512(A)(i) and the "Elements of notification" in paragraph (3) are related but distinct concepts.
1. **Actual Knowledge**: This term refers to a service provider's direct knowledge of infringing material. Under the DMCA (Digital Millennium Copyright Act), for a servic... | [
{
"from": "human",
"value": "According to 17 U.S. Code § 512 - Limitations on liability relating to material online (emphasis mine):\n\nA service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyrigh... |
I've noticed that the NYPD uses some sort of custom fleet license plate such as that seen below.
I was able to find this reference that states:
No person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a distinctive number assigned to it by the commissi... | The license plates used by the NYPD for their fleet vehicles are indeed distinct from standard license plates issued by the New York State Department of Motor Vehicles (DMV). Typically, these plates may have unique identifiers or markings that signify they are part of a government fleet.
While it is true that state l... | [
{
"from": "human",
"value": "I've noticed that the NYPD uses some sort of custom fleet license plate such as that seen below.\n\nI was able to find this reference that states:\n\nNo person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a dist... |
A New York couple filed for bankruptcy. In New York state, they have to surrender all their assets to the bankruptcy court except for $150,000 each of "exempt" assets.
They own a "second" home in Florida worth about $250,000. If that was their primary residence, Florida law would cover their home to that amount (or mor... | In a bankruptcy proceeding, the treatment of assets can vary based on state laws and federal exemptions. Since the couple filed for bankruptcy in New York, New York bankruptcy laws will primarily apply to their case.
In New York, individuals filing for bankruptcy can claim certain assets as "exempt," meaning they can ... | [
{
"from": "human",
"value": "A New York couple filed for bankruptcy. In New York state, they have to surrender all their assets to the bankruptcy court except for $150,000 each of \"exempt\" assets.\nThey own a \"second\" home in Florida worth about $250,000. If that was their primary residence, Florida law... |
In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case?
And what are the procedures used for intoxication testing (other than breathalyzer) while being pulled over?
| In California, the legal blood alcohol concentration (BAC) limit for drivers is 0.08%. This applies to most adult drivers. For commercial drivers, the limit is lower at 0.04%, and for drivers under the age of 21, any detectable BAC (0.01% or higher) can lead to prosecution under zero tolerance laws.
If law enforcement... | [
{
"from": "human",
"value": "In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case?\nAnd what are the procedures used for intoxication testing (other than breathalyzer) while being pulled over?\n"
},
{
"from": "gpt",
"val... |
In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts.
However, if Solicitors General argue in courts, then ought they not be called 'Barristers General'? Does this nomenclature contradict the English d... | The terms "solicitor" and "barrister" refer to distinct roles within the legal profession in the UK. Traditionally, barristers are specialized advocates who represent clients in court and provide expert legal opinions, while solicitors typically handle client interactions, provide legal advice, and prepare cases for ba... | [
{
"from": "human",
"value": "In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts.\nHowever, if Solicitors General argue in courts, then ought they not be called 'Barristers General'? Does ... |
In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the "right to a good name," nor any kinds of blasphemy or profanity laws. Rather, what I'm looking for are laws that are there to protec... | Laws that protect individuals from certain forms of harmful speech, akin to physical harm, are relatively uncommon and vary significantly from one jurisdiction to another. While many countries have laws against harassment, including verbal harassment, they often do not specify those laws in terms of speech alone. Here ... | [
{
"from": "human",
"value": "In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the \"right to a good name,\" nor any kinds of blasphemy or profanity laws. Rather, what I'm lo... |
According to 1860 Indian Penal Code:
"Sexual intercourse by a man with his own wife is not rape."
What are the possible exceptions to this law that would allow for a husband to be prosecuted for raping his wife?
| Under the 1860 Indian Penal Code (IPC), specifically Section 375, the definition of rape traditionally exempted a husband from prosecution for having sexual intercourse with his wife. However, there are some exceptions and circumstances under which a husband could potentially be prosecuted for rape, as recognized by In... | [
{
"from": "human",
"value": "According to 1860 Indian Penal Code:\n\n\"Sexual intercourse by a man with his own wife is not rape.\"\n\nWhat are the possible exceptions to this law that would allow for a husband to be prosecuted for raping his wife?\n"
},
{
"from": "gpt",
"value": "Under the 1860... |
In Australia sometimes on the side of a straight stretch of road you'll see a car park parallel to the road. More often than not, these have radar that is used to catch people speeding.
The other day, my uncle said that there's no law stopping someone from parking in front of one of these unmarked radars because they a... | In Australia, the legality of obstructing the view of unmarked speed cameras or radar vehicles can vary by state and territory, as each has its own traffic laws and regulations. However, there are general principles that apply:
1. **Interference with Traffic Enforcement**: In many jurisdictions, obstructing or interfe... | [
{
"from": "human",
"value": "In Australia sometimes on the side of a straight stretch of road you'll see a car park parallel to the road. More often than not, these have radar that is used to catch people speeding.\nThe other day, my uncle said that there's no law stopping someone from parking in front of o... |
Suppose A tells C that "B is a total liar, nothing s/he says can be believed." And suppose C has known B since childhood.
Would the statement be less defamatory since C is in a good position to judge whether or not B is a "total liar?" Suppose, instead, that the statement had been made to D, who "knows of," but doesn't... | Defamation involves making false statements about someone that damage their reputation. In assessing the potential defamatory nature of A's statement about B, several factors come into play, including the context, the audience, and the relationship between the parties involved.
1. **C's Relationship with B:** Since C ... | [
{
"from": "human",
"value": "Suppose A tells C that \"B is a total liar, nothing s/he says can be believed.\" And suppose C has known B since childhood.\nWould the statement be less defamatory since C is in a good position to judge whether or not B is a \"total liar?\" Suppose, instead, that the statement h... |
If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is about be committed? For example, consider this hypothetical:
A client informs their lawyer after killing someone through ... | The situation you’ve described raises important questions about the boundaries of attorney-client privilege, the duty to report crimes, and the potential legal implications for the lawyer involved.
1. **Attorney-Client Privilege**: Generally, communications between a lawyer and client are protected under attorney-clie... | [
{
"from": "human",
"value": "If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is about be committed? For example, consider this hypothetical: \n\nA client informs ... |
Its often a joke that politicians say "I don't recall doing X" when being accused of something.
In English saying I don't recall implies that you could be mistaken. But literally speaking, at any point anything you say could be incorrect because you're human and memory is imperfect.
In the US, is specifically prefac... | In the context of legal proceedings in the United States, prefacing a statement with phrases like "To the best of my recollection..." or "I don't recall..." can provide specific benefits and implications.
1. **Legal Protection**: By stating "To the best of my recollection," a witness or individual can indicate that th... | [
{
"from": "human",
"value": "Its often a joke that politicians say \"I don't recall doing X\" when being accused of something. \nIn English saying I don't recall implies that you could be mistaken. But literally speaking, at any point anything you say could be incorrect because you're human and memory is ... |
So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me from other articles. Do I have any claim to ownership if the articles? I had no contract with them governing what I can do... | In Greece, as in many countries, the ownership of written work typically rests with the author unless there is a specific agreement that states otherwise. Since you mentioned that you did not have a contract governing your work, the situation may be more favorable for you regarding the original articles you wrote. Here... | [
{
"from": "human",
"value": "So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me from other articles. Do I have any claim to ownership if the articles? I had no c... |
So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You present the contract to the client and they refuse to agree to the terms of the contract. But they still want to move forward ... | I'm not a lawyer, but I can provide some general insights based on common legal principles. The specifics can vary significantly depending on the jurisdiction and the details of the case, so it's always best to consult with a qualified attorney for legal advice.
1. **Can the client hold you to the contract which was n... | [
{
"from": "human",
"value": "So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You present the contract to the client and they refuse to agree to the terms of the contr... |
When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? If there is, what is it?
| Yes, courts often refer to legal dictionaries and statutory definitions when interpreting the meaning of words in legal contexts. One of the most commonly referenced legal dictionaries is "Black's Law Dictionary," which provides definitions of legal terms as well as explanations of legal concepts. Additionally, courts ... | [
{
"from": "human",
"value": "When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? If there is, what is it?\n"
},
{
"from": "gpt",
"value": "Yes, cour... |
It appears that one's consent is not required to perform a perimeter search.
When such a search is performed by a K9 on one's motor vehicle, it's apparently very common to result in multiple scratches of varying severity, probably due to the paws of the dog that was doing the search.
What recourse does one have from ha... | If your property is damaged during a K9 perimeter search by law enforcement, you may have a few potential avenues for recourse, although the success of these avenues can vary based on jurisdiction and specific circumstances. Here are some options you may consider:
1. **File a Complaint with Law Enforcement**: You can ... | [
{
"from": "human",
"value": "It appears that one's consent is not required to perform a perimeter search.\nWhen such a search is performed by a K9 on one's motor vehicle, it's apparently very common to result in multiple scratches of varying severity, probably due to the paws of the dog that was doing the s... |
In Japan, what buildings are illegal to take pictures of?
Notes:
Building only. Zero humans on the picture.
Taken from public street only. No entering private property/shops/transportation or similar.
Context: Loving architecture I always take tons of pictures when walking in the street, and sometimes get scolded by ... | In Japan, there are specific guidelines and regulations regarding photography, especially concerning certain buildings. Here are some points to consider regarding which buildings may be problematic to photograph:
1. **Military and Government Buildings**: Buildings associated with the military or government, such as po... | [
{
"from": "human",
"value": "In Japan, what buildings are illegal to take pictures of?\nNotes:\n\nBuilding only. Zero humans on the picture.\nTaken from public street only. No entering private property/shops/transportation or similar.\n\nContext: Loving architecture I always take tons of pictures when walki... |
As an example, Title V, Chapter 1 of the 1869 Civil Code was about the grounds for divorce. (This Chapter appears to be exactly the same in the 1882 Civil Code.)
Section 1190 of the 1870 Revised Statutes was also about the grounds for divorce. (This section appears to be exactly the same in the 1876 Revised Statutes.)
... | In legal contexts where there are overlapping statutes or codes that address the same subject matter, the question of which law to follow can be determined by several factors, including which legal document is currently in force and any relevant provisions regarding the repeal or amendment of laws.
If both the 1869 Ci... | [
{
"from": "human",
"value": "As an example, Title V, Chapter 1 of the 1869 Civil Code was about the grounds for divorce. (This Chapter appears to be exactly the same in the 1882 Civil Code.)\nSection 1190 of the 1870 Revised Statutes was also about the grounds for divorce. (This section appears to be exactl... |
What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? I'm specifically asking about the law in New York.
Thanks in advance
| If your inspection sticker expires while you are outside the United States and you are returning to New York, here are the steps you can take:
1. **Check for Grace Periods:** New York does not provide a grace period for expired inspection stickers. However, it's important to stay updated on any temporary measures that... | [
{
"from": "human",
"value": "What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? I'm specifically asking about the law in New York. \nThanks in advance\n"
},... |
The U.S. Securities and Exchange Commission (SEC) requires the filing of a Form D "to offer and sell securities without having to register the offering with the SEC." This is commonly used to allow privately help companies to raise capital from venture capital and angel investors.
Form D filings are public, and availab... | News sources such as VentureWire or the Venture Capital Dispatch often gather information about investors in private offerings through a combination of strategies, including:
1. **Networking and Industry Contacts**: Journalists and reporters typically maintain relationships with venture capitalists, angel investors, a... | [
{
"from": "human",
"value": "The U.S. Securities and Exchange Commission (SEC) requires the filing of a Form D \"to offer and sell securities without having to register the offering with the SEC.\" This is commonly used to allow privately help companies to raise capital from venture capital and angel invest... |
Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content on the website protect those authors?
| Whether a disclaimer on a website can effectively protect authors from legal liability for content they have provided depends on several factors, including the nature of the content, the jurisdiction, and the specific wording of the disclaimer.
1. **Nature of Content**: If the content involves legal advice, disclaimer... | [
{
"from": "human",
"value": "Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content on the website protect those authors? \n"
},
{
"from": "gpt",
"val... |
One can simply read law textbooks and judgements of legal cases, but what else?
| Reading law textbooks and judgments is a great start for understanding legal principles, but there are several other resources and methods to deepen your legal knowledge and skills:
1. **Legal Journals and Articles**: Academic and professional journals often publish articles that analyze current legal issues, case law... | [
{
"from": "human",
"value": "One can simply read law textbooks and judgements of legal cases, but what else? \n"
},
{
"from": "gpt",
"value": "Reading law textbooks and judgments is a great start for understanding legal principles, but there are several other resources and methods to deepen your... |
A company makes a great game called "AwesomeGame" that costs 20€.
They sell thousands of copies of the game, but ultimately go bankrupt.
What is the status of the game at that point? Do any intellection-property rights or protections of it still exist?
| When a company goes bankrupt, the status of its intellectual property rights, including those related to a game like "AwesomeGame," generally depends on several factors, including the laws of the jurisdiction where the company operates, the nature of the bankruptcy proceedings, and any agreements or contracts related t... | [
{
"from": "human",
"value": "A company makes a great game called \"AwesomeGame\" that costs 20€.\nThey sell thousands of copies of the game, but ultimately go bankrupt.\nWhat is the status of the game at that point? Do any intellection-property rights or protections of it still exist?\n"
},
{
"from... |
The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below:
CONFIDENTIALITY NOTICE: This e-mail message is for the sole use of the intended recipients. ... may be privileged ... legal restrictions. ... not the intended recipient ... you are h... | The value of a confidentiality notice in emails can vary based on several factors, including the nature of the business, the type of information being communicated, and legal requirements. Here are some key points to consider regarding the effectiveness and value of such disclaimers:
1. **Legal Protection**: While con... | [
{
"from": "human",
"value": "The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below:\n\nCONFIDENTIALITY NOTICE: This e-mail message is for the sole use of the intended recipients. ... may be privileged ... legal restrictions. .... |
I am interested in links to scholarly papers with actual comprehensive and preferably up-to-date statistics. I have done some search on Google Scholar but failed to find wide-ranging surveys (the ones I found were either very old (1980) or narrow, dealing with security class action suits (from 2002)).
| Finding comprehensive and up-to-date scholarly papers can indeed be a challenge, especially in niche areas like security class action suits. Here are some strategies to enhance your search and find relevant literature:
1. **Use Advanced Search Features**: On platforms like Google Scholar, use advanced search options t... | [
{
"from": "human",
"value": "I am interested in links to scholarly papers with actual comprehensive and preferably up-to-date statistics. I have done some search on Google Scholar but failed to find wide-ranging surveys (the ones I found were either very old (1980) or narrow, dealing with security class act... |
What's the penalty for breaking a residential lease?
For example, in the Bay Area in Northern California.
| Breaking a residential lease in the Bay Area, like in much of California, can have several consequences. Here are some key points to consider:
1. **Lease Agreement Terms**: The specific penalties for breaking a lease will depend on the terms outlined in your lease agreement. Most leases will specify the penalties for ... | [
{
"from": "human",
"value": "What's the penalty for breaking a residential lease?\nFor example, in the Bay Area in Northern California.\n"
},
{
"from": "gpt",
"value": "Breaking a residential lease in the Bay Area, like in much of California, can have several consequences. Here are some key poin... |
While this case is happening to a relative of mine rather than myself, I will speak in first person for the sake of simplicity.
I had a medical procedure performed by a licensed doctor (Dr. A). This doctor subsequently left the clinic and when I came back for a checkup I was seen by another doctor (Dr. B), who found no... | In legal practice, the relationship between a client and their attorney is typically a collaborative one, where the attorney provides advice, and the client makes the final decisions regarding their case. However, there are a few nuances to understand regarding your situation.
1. **Attorney's Expertise**: Lawyers ofte... | [
{
"from": "human",
"value": "While this case is happening to a relative of mine rather than myself, I will speak in first person for the sake of simplicity.\nI had a medical procedure performed by a licensed doctor (Dr. A). This doctor subsequently left the clinic and when I came back for a checkup I was se... |
"Cardcounting" is technically legal, but frowned upon by casinos, because it violates the "unwritten law" that casinos are supposed to come out ahead. When card counters are caught, casinos can expel them under threat of being charged with trespassing.
But apparently casinos sometimes do more than that, like refusing t... | Casinos operate under a unique set of legal and regulatory frameworks that can create situations where their actions might seem extrajudicial, but are often considered acceptable within the context of the gaming industry. Here are some factors that contribute to how casinos manage to conduct such proceedings:
1. **Pri... | [
{
"from": "human",
"value": "\"Cardcounting\" is technically legal, but frowned upon by casinos, because it violates the \"unwritten law\" that casinos are supposed to come out ahead. When card counters are caught, casinos can expel them under threat of being charged with trespassing.\nBut apparently casino... |
I was reading about Shelley v. Kraemer (1948) (full opinion), which states that Justices
Reed, Jackson, Rutledge took no part in the consideration or decision of the case.
As another example, in Homer A. Plessy v. John H. Ferguson (1896), Justice Brewer recused himself.
The official judicial decision and opinion d... | When trying to understand the reasons behind a justice's recusal from a case, you can look into several sources:
1. **Court Opinions and Orders**: While the main opinion of the court might not always explain a recusal, you can sometimes find a notation about it in the case docket, orders, or concurring/dissenting opin... | [
{
"from": "human",
"value": "I was reading about Shelley v. Kraemer (1948) (full opinion), which states that Justices \n\nReed, Jackson, Rutledge took no part in the consideration or decision of the case.\n\nAs another example, in Homer A. Plessy v. John H. Ferguson (1896), Justice Brewer recused himself. ... |
I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a juror to refuse to answer any question? Could one, for example, "plead the fifth"?
| During the juror selection process, known as voir dire, potential jurors can indeed be asked a variety of questions to assess their suitability to serve on a jury. While jurors are generally expected to answer questions honestly, there are certain circumstances under which a potential juror might refuse to answer a que... | [
{
"from": "human",
"value": "I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a juror to refuse to answer any question? Could one, for example, \"plead the fif... |
The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for all utilities (citing advertisements for th... | In general, the terms of the lease agreement are binding and will typically take precedence over other documents or advertisements unless there is a mutual agreement to amend the lease. If the lease explicitly states that the landlord is responsible for garbage services, then that is the legal obligation unless you hav... | [
{
"from": "human",
"value": "The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for al... |
In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?
| In the United States, ignorance of the law is generally not considered a defense to legal action. The principle is encapsulated in the Latin phrase "Ignorantia juris non excusat," which means "ignorance of the law excuses not." This means that individuals are expected to be aware of the laws that govern their actions, ... | [
{
"from": "human",
"value": "In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?\n"
},
{
"from": "gpt",
"value": "In the United States, ignorance of the law is generally not considered a defense to legal action. The principle is... |
In the past, I have read that lawyers simply 'read law' on their own or in an office, before passing the legal (bar) exam. But if they only indentured and never went to law school, then how did they learn jurisprudence or the academic theories of law?
| In the past, particularly in the United States, it was indeed possible for individuals to become lawyers without attending a formal law school by following an apprenticeship or a process known as "reading law." This involved working under the supervision of an experienced lawyer and gaining practical legal knowledge an... | [
{
"from": "human",
"value": "In the past, I have read that lawyers simply 'read law' on their own or in an office, before passing the legal (bar) exam. But if they only indentured and never went to law school, then how did they learn jurisprudence or the academic theories of law? \n"
},
{
"from": "g... |
Residents of France who hold a non-EU, non-EEA license to drive may continue to use that license for up to one year after establishing residency, subject to certain conditions.
The relevant law may be found at www.legifrance.gouv.fr. A more user-friendly account of the rules is available at www.service-public.fr.
The ... | In the scenario you've described, where a non-EU spouse of an EU citizen applies for a residence permit in France but the permit subsequently becomes invalid, it is important to analyze how French law treats the validity of the residence permit in relation to the continued use of a non-EU, non-EEA driver's license.
Ac... | [
{
"from": "human",
"value": "Residents of France who hold a non-EU, non-EEA license to drive may continue to use that license for up to one year after establishing residency, subject to certain conditions.\nThe relevant law may be found at www.legifrance.gouv.fr. A more user-friendly account of the rules i... |
A video on Wikipedia claims that Open Access articles come with "full reuse rights" (sections 0:04 and 5:38).
Are Open Access articles as open as public domain works?
Is the definition of the rights of Open Access articles equivalent to that of the Public Domain?
Would the implementation (e.g. manner of distribution)... | Open Access (OA) articles and public domain works are not equivalent in terms of rights and usage, although both promote accessibility to information.
1. **Rights Comparison**:
- **Open Access Articles**: These articles are typically published under specific licenses, such as Creative Commons licenses. These licens... | [
{
"from": "human",
"value": "A video on Wikipedia claims that Open Access articles come with \"full reuse rights\" (sections 0:04 and 5:38). \n\nAre Open Access articles as open as public domain works?\nIs the definition of the rights of Open Access articles equivalent to that of the Public Domain?\nWould t... |
There are several web sites out there that sell MP3 music files for 10 cents each and FLAC music files for 30 cents each. At least one site even sells Hollywood movies (AVI, MKV) from $0.99 (low quality) to $2.99 (1080p). Most of these web sites seem to be based in Ukraine, and they all have FAQs that claim that they... | The legality of purchasing music or movies from websites based in Ukraine, or any foreign country, involves several factors, including the specific licensing agreements in place, the copyright laws of the country where the service is based, and the copyright laws of the purchaser's home country, which in this case is t... | [
{
"from": "human",
"value": "There are several web sites out there that sell MP3 music files for 10 cents each and FLAC music files for 30 cents each. At least one site even sells Hollywood movies (AVI, MKV) from $0.99 (low quality) to $2.99 (1080p). Most of these web sites seem to be based in Ukraine, an... |
Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 per couple in New York).
Suppose the value of the debtor's house skyrocketed to $1 million. Can the non-dischargeable cre... | In the scenario you've presented, the treatment of the debtor's non-dischargeable debt and the exemptions regarding the house can vary based on specific bankruptcy laws and the actions of the creditors.
1. **Non-Dischargeable Debt and Equity in the Home**: If the debtor has a house worth $1 million and the exemption l... | [
{
"from": "human",
"value": "Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 per couple in New York).\nSuppose the value of the debtor's house skyrocketed to... |
I recently saw a pop-up, on a http page. It was the advertisement of some offers provided by the ISP.
Here is the code:
<td>
<object width="480" height="195" data="<url>/V3/front_porch_RAN.swf" style="pointer-events:none;>...</object>
</td>
There is no javascript that is collecting my data, but is indulging in t... | In India, the legality of injecting code into a webpage, such as through a pop-up advertisement from your Internet Service Provider (ISP), can depend on several factors:
1. **Consent and Disclosure**: If you are accessing a webpage that is not secure (HTTP), the ISP may have more leeway in injecting content. However, ... | [
{
"from": "human",
"value": "I recently saw a pop-up, on a http page. It was the advertisement of some offers provided by the ISP.\nHere is the code: \n<td>\n <object width=\"480\" height=\"195\" data=\"<url>/V3/front_porch_RAN.swf\" style=\"pointer-events:none;>...</object>\n</td>\n\nThere is no javasc... |
Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the gavel purely ceremonial?
| The gavel used by judges in U.S. courtrooms is primarily a ceremonial tool and does not have legal significance. Its primary purpose is to signal order, indicate the start or end of proceedings, and capture the attention of those in the courtroom. While judges may use a gavel to emphasize certain moments or decisions, ... | [
{
"from": "human",
"value": "Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the gavel purely ceremonial?\n"
},
{
"from": "gpt",
"value": "The gavel use... |
The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the "consent of the governed"; and that one may be a "free man of the land" or a "Scottish Sovereign".
They assert that only common law applies to them, i.e. laws surrounding assa... | The beliefs surrounding the concepts of "free man on the land" or "Scottish Sovereign," as well as the argument that statutes do not apply without individual consent, stem from a misunderstanding of legal principles and the hierarchy of laws within the UK legal system. Here's a summary of these concepts in relation to ... | [
{
"from": "human",
"value": "The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the \"consent of the governed\"; and that one may be a \"free man of the land\" or a \"Scottish Sovereign\".\nThey assert that only common... |
I am currently doing my graduation project. I am an undergraduate student in a UK university, and invented a new diagnostic device for clinical use.
I finished my prototype and it's nearly the end of the project. However, I need to write a long report about it for graduation and I haven't yet filed for a patent. The de... | It's great to hear about your project and the invention of a new diagnostic device! To protect your rights for patent registration while writing your report, you can include a specific declaration. Here’s a suggestion on how to frame it:
### Declaration of Intellectual Property Rights
**Title of the Invention:** [Ins... | [
{
"from": "human",
"value": "I am currently doing my graduation project. I am an undergraduate student in a UK university, and invented a new diagnostic device for clinical use.\nI finished my prototype and it's nearly the end of the project. However, I need to write a long report about it for graduation an... |
By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc.
The site don't have to be open to everyone. But they had no informations about their user's real identity. Everything they co... | Your inquiry involves several legal concepts, including copyright law, contract law, and the enforceability of terms of service. Let's break down your points and questions.
### 1. **Can you legally request the removal of a link to content on another site?**
Generally speaking, the ability to request removal of a link ... | [
{
"from": "human",
"value": "By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc.\nThe site don't have to be open to everyone. But they had no informations about thei... |
In England and Wales, jurors are forbidden to speak to anyone about the trial or their deliberations, even after the trial is finished. In contrast, I've noticed that jurors in the US often give statements to the press or write books about their experience.
Are there any circumstances where jurors in the US are placed... | In the United States, jurors generally have the freedom to speak about their experiences after a trial, including giving statements to the press or writing books. However, there are some important considerations and potential restrictions that can come into play.
1. **Contempt of Court**: While jurors are not legally ... | [
{
"from": "human",
"value": "In England and Wales, jurors are forbidden to speak to anyone about the trial or their deliberations, even after the trial is finished. In contrast, I've noticed that jurors in the US often give statements to the press or write books about their experience.\nAre there any circu... |
Suppose you pull up to an intersection and you want to make a turn, but there's a parking lot next to you that feeds out onto the same street you're trying to turn onto, or you're trying to pull out of a parking lot that is beside another that feeds onto the same street. Basically, if you have two cars that are pretty ... | In general, the right of way rules can vary slightly by jurisdiction, but the following principles typically apply in the scenario you described:
1. **Turning Vehicles vs. Straight Traffic**: If you are turning from a street onto another street (or into a parking lot), you typically have to yield to any oncoming traff... | [
{
"from": "human",
"value": "Suppose you pull up to an intersection and you want to make a turn, but there's a parking lot next to you that feeds out onto the same street you're trying to turn onto, or you're trying to pull out of a parking lot that is beside another that feeds onto the same street. Basical... |
What is an IP Address?
An Internet Protocol address (IP address) is a numerical label
assigned to each device (e.g., computer, printer) participating in a
computer network that uses the Internet Protocol for communication.
An IP address serves two principal functions: host or network
interface identification a... | The jurisdiction over a crime committed using an IP address can be complex and varies based on a variety of factors. Here are several considerations that help determine jurisdiction:
1. **Physical Location of the Server**: The physical location of the server hosting the website is a primary factor. If the server is lo... | [
{
"from": "human",
"value": "What is an IP Address?\n\nAn Internet Protocol address (IP address) is a numerical label\n assigned to each device (e.g., computer, printer) participating in a\n computer network that uses the Internet Protocol for communication.\n An IP address serves two principal functions... |
Chapter 7 to the United Nations charter gives the Security Council (UNSC) the power to authorize states to use force in some particular case (for example, in the first gulf war the UNSC authorized the use of force against Iraq).
Now, normally any use of force by a state is subject to international humanitarian law (IHL... | The scenario you present raises complex legal and ethical questions regarding the interaction between the UN Security Council (UNSC) resolutions and international humanitarian law (IHL). While the UNSC has the authority to authorize the use of force, its resolutions cannot negate existing obligations under IHL, especia... | [
{
"from": "human",
"value": "Chapter 7 to the United Nations charter gives the Security Council (UNSC) the power to authorize states to use force in some particular case (for example, in the first gulf war the UNSC authorized the use of force against Iraq).\nNow, normally any use of force by a state is subj... |
This rumour keeps coming up time and time again, (probably because I've worked in financial services where this may be more commonplace - I no longer do) but every now and then, I'll hear someone claim that it is unlawful for your employer to demand that your pay be deposited into an account held with a specific financ... | The claim that it is unlawful for an employer to mandate that an employee's pay be deposited into a specific financial institution's account can have some basis in law, depending on the jurisdiction. However, the specifics can vary widely by location, and it’s important to consult legal guidance relevant to your region... | [
{
"from": "human",
"value": "This rumour keeps coming up time and time again, (probably because I've worked in financial services where this may be more commonplace - I no longer do) but every now and then, I'll hear someone claim that it is unlawful for your employer to demand that your pay be deposited in... |
Many definitions of "theft" include specific text regarding "the rightful owner" or a variant necessitating that the victim of theft owned the property. (emphasis mine)
For example, The Free Dictionary defines theft as:
A criminal act in which property belonging to another is taken
without that person's consent.
Me... | The definitions of theft you've referenced generally emphasize the concept of taking property "belonging to another" or "the rightful owner." In cases where the person from whom property is taken is not actually the rightful owner because they have stolen it themselves, the situation becomes more complex.
1. **Legal O... | [
{
"from": "human",
"value": "Many definitions of \"theft\" include specific text regarding \"the rightful owner\" or a variant necessitating that the victim of theft owned the property. (emphasis mine)\nFor example, The Free Dictionary defines theft as:\n\nA criminal act in which property belonging to anoth... |
Suppose a car was damaged by a body shop (or similar shop) and the shop refused to cover the cost of repair. (Assume the damage done is not related to work performed. For example, engine is damaged from moving the car, but the service requested was a paint job.)
The body shop is a franchise, so there are potentially t... | In a situation where a car is damaged by a body shop, and the damage is not related to the services requested, the question of liability can be complex, particularly in a franchise setting. Generally, the following principles apply:
1. **Body Shop Manager**: The manager may not be held personally liable unless there i... | [
{
"from": "human",
"value": "Suppose a car was damaged by a body shop (or similar shop) and the shop refused to cover the cost of repair. (Assume the damage done is not related to work performed. For example, engine is damaged from moving the car, but the service requested was a paint job.)\nThe body shop ... |
Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
| Yes, there are instances where judicial review has not been the primary process used to deem an act unconstitutional. Here are a few examples:
1. **Legislative Repeal**: A legislature can decide to repeal or amend a law that it finds unconstitutional. For example, if a law is challenged and the legislature recognizes ... | [
{
"from": "human",
"value": "Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional? \n"
},
{
"from": "gpt",
"value": "Yes, there are instances where judicial review has not been the primary process used to deem an act unconstitutional. Here ar... |
According to Is it illegal for Joe Public to listen to ATC in the UK? over on Aviation.SE, although aviation transmissions are broadcast publicly, in the clear, unencrypted; it is illegal to listen to them live on a scanner or such.
What law prohibits this? I believe it dates to WWII fears of spies. I also believe the ... | In the UK, the law that prohibits listening to live air traffic control (ATC) communications on a scanner or similar device is primarily governed by the **Wireless Telegraphy Act 2006**. This act makes it illegal to use a radio receiver to listen to certain types of communications, including those of air traffic contro... | [
{
"from": "human",
"value": "According to Is it illegal for Joe Public to listen to ATC in the UK? over on Aviation.SE, although aviation transmissions are broadcast publicly, in the clear, unencrypted; it is illegal to listen to them live on a scanner or such.\nWhat law prohibits this? I believe it dates t... |
All of Wikipedia's content is licensed under the CC BY-SA, and Wikipedia encourages fulfilling the attribution requirement for CC BY-SA by linking to the original Wikipedia article, which contains a page history with all authors attributed. However, Wikipedia deletes articles on occasion, causing page history to become... | The situation you've described involves several important points regarding copyright, attribution, and the DMCA. Here are the key considerations:
1. **CC BY-SA License**: Content on Wikipedia is licensed under the Creative Commons Attribution-ShareAlike (CC BY-SA) license. This means that as a contributor, you have al... | [
{
"from": "human",
"value": "All of Wikipedia's content is licensed under the CC BY-SA, and Wikipedia encourages fulfilling the attribution requirement for CC BY-SA by linking to the original Wikipedia article, which contains a page history with all authors attributed. However, Wikipedia deletes articles on... |
Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/she has read and agrees to the terms. However, many users don't even read the terms and blindly agree to the contract.
Doe... | In general, when a user agrees to a End User License Agreement (EULA) or Terms of Service (ToS), they are entering into a legally binding contract. Here are several important points to consider regarding the scenario you've described:
1. **User Liability**: Simply claiming to have read and agreed to the terms does not... | [
{
"from": "human",
"value": "Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/she has read and agrees to the terms. However, many users don't even read the ter... |
'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract.
Can 'A' sue 'B' under some harmonised community-wide procedure?
If not, in which state does 'A' bring his action (if not stated in the contract)?
| In the context of the European Union, there isn't a single, harmonised community-wide procedure for suing in cross-border contract disputes. However, the rules governing jurisdiction for civil and commercial matters within the EU are primarily laid out in the Brussels I Regulation (Regulation (EU) No 1215/2012). This r... | [
{
"from": "human",
"value": "'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract.\n\nCan 'A' sue 'B' under some harmonised community-wide procedure?\nIf not, in which state does 'A' bring his action (if not stated in the contract)?\n\n"
},
{
"from"... |
It appears quite common that when trying to find support for decision X, cases which in actuality finally rule against X are quoted, and very few cases which actually grant X can be found.
Why does this happen? Does it at all affect the outcome of existing cases, when someone quotes an older case trying to prove a poi... | The phenomenon you’re describing is related to a few key aspects of legal practice and case law. Here are some reasons why cases that rule against a certain decision (let's call it "decision X") might be more commonly quoted, as well as how this can affect the outcome of existing cases:
1. **Precedent and Persuasion**... | [
{
"from": "human",
"value": "It appears quite common that when trying to find support for decision X, cases which in actuality finally rule against X are quoted, and very few cases which actually grant X can be found.\nWhy does this happen? Does it at all affect the outcome of existing cases, when someone ... |
The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a river in National Park lands.
The commercial operator is required to carry insurance, and nearly all insurance companies... | The situation you've described involves a few key legal and policy considerations regarding liability waivers in the context of commercial operations in National Parks. Let's address your questions in turn:
1. **Independence of the Release**: The release signed by the client is not fully independent of the National Pa... | [
{
"from": "human",
"value": "The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a river in National Park lands. \nThe commercial operator is required to carry ins... |
Prompted by this Meta Stack Exchange discussion
Stack Exchange uses the Creative Commons Attribution-ShareAlike 3.0 Unported license for user contributions. But in the footer of every page is a link to a blog post specifying how attribution should be given. Some of the restrictions specified are:
Visually indicate th... | The Creative Commons Attribution-ShareAlike (CC BY-SA) license allows creators (or licensors) to set certain terms for how their work can be used, but it also establishes a baseline of freedoms and obligations for users (or licensees). Let's analyze the specific questions regarding whether primary distributors, such as... | [
{
"from": "human",
"value": "Prompted by this Meta Stack Exchange discussion\nStack Exchange uses the Creative Commons Attribution-ShareAlike 3.0 Unported license for user contributions. But in the footer of every page is a link to a blog post specifying how attribution should be given. Some of the restrict... |
In Australia, Australian Consumer Law dictates that within reason Australian Customers are entitled to refunds which Steam/Valve got into trouble by refusing.
A while back i went to buy Warhammer 40k but i couldn't play it because it required an internet connection despite me using a single player campaign, so I took ... | Under Australian Consumer Law (ACL), consumers are entitled to refunds for goods that are faulty, not as described, or unfit for purpose. In the scenario you described, since you were unable to play the single-player campaign of Warhammer 40k due to the requirement of an internet connection (which was not clearly indic... | [
{
"from": "human",
"value": "In Australia, Australian Consumer Law dictates that within reason Australian Customers are entitled to refunds which Steam/Valve got into trouble by refusing.\nA while back i went to buy Warhammer 40k but i couldn't play it because it required an internet connection despite me ... |
The 2002 Western Conference Finals of the NBA between the Los Angeles Lakers and the Sacramento Kings--particularly Game 6--contained some of the most suspicious games in NBA history. (Ralph Nader even wrote an open letter to the NBA commissioner regarding this particular series.)
One claim was that the referees were c... | In the hypothetical scenario you presented, where referees openly confess to having a mild bias in favor of one team to extend an NBA playoff series without any involvement in gambling, the legal implications are complex but generally unlikely to involve federal criminal charges.
1. **Fraud and Consumer Protection**: ... | [
{
"from": "human",
"value": "The 2002 Western Conference Finals of the NBA between the Los Angeles Lakers and the Sacramento Kings--particularly Game 6--contained some of the most suspicious games in NBA history. (Ralph Nader even wrote an open letter to the NBA commissioner regarding this particular series... |
Consider the following situation:
The red car and blue car are both reversing in the above situation. Just as the red car was in front of the blue car's space, the blue car reversed out crashing into the red car.
In this situation, is liability "knock for knock" (both cars paying for their own damage) or is the blue ... | In Australia, the principles of liability in a vehicle accident can vary depending on the specifics of the situation and the state or territory's road laws. However, in the scenario you've described, it is likely that the blue car would be considered at fault for the following reasons:
1. **Reversing Vehicle's Respons... | [
{
"from": "human",
"value": "Consider the following situation:\n\nThe red car and blue car are both reversing in the above situation. Just as the red car was in front of the blue car's space, the blue car reversed out crashing into the red car.\nIn this situation, is liability \"knock for knock\" (both car... |
In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives from the bar association, in addition to 3 supreme court justices. In order for a new judge to be approved, a majority of ... | Yes, there are other countries where the appointment of judges is significantly influenced or controlled by existing judges, or where a similar system allows judges to effectively appoint their successors. Here are a few examples:
1. **United States**: In many states, judges are appointed by the governor, but often th... | [
{
"from": "human",
"value": "In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives from the bar association, in addition to 3 supreme court justices. In order for a... |
It appears that jurors are not allowed to be told that they can ignore the law and thus use their right of jury nullification.
https://en.wikipedia.org/wiki/Jury_nullification#Canada
The contrary principle contended for by Mr. Manning, that a jury may be encouraged to ignore a law it does not like, could lead to gross... | You've raised an interesting point about jury nullification and its implications for the justice system. Jury nullification occurs when jurors decide to acquit a defendant, even if they believe the law has been broken, because they believe that the law itself is unjust or that the application of the law in that particu... | [
{
"from": "human",
"value": "It appears that jurors are not allowed to be told that they can ignore the law and thus use their right of jury nullification.\nhttps://en.wikipedia.org/wiki/Jury_nullification#Canada\n\nThe contrary principle contended for by Mr. Manning, that a jury may be encouraged to ignore... |
If a police officer gives me an order, how can I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is he/she required by law to answer truthfully?
If the police get to order citizens to do whatever they want, under whatever circumstances that they want, then go ahead and post that as... | When interacting with police officers, it's important to understand your rights and responsibilities. Here are some general guidelines to consider:
1. **Understanding Police Orders**:
- Generally, you are legally obligated to follow a police officer's lawful orders. A lawful order is one that is based on a legitim... | [
{
"from": "human",
"value": "If a police officer gives me an order, how can I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is he/she required by law to answer truthfully?\nIf the police get to order citizens to do whatever they want, under whatever circumstances that... |
Why do some municipalities keep laws on the books that are not valid?
For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the defendant / plaintiff to bring it up, or is the judge supposed to know such things?
Does it mean that you should always men... | The existence of outdated or invalid laws on the books in municipalities can stem from several factors, including lack of ongoing legal review, changes in state or federal law, or administrative inertia. Here are some key points to consider regarding your questions:
1. **Validity of Municipal Laws**: Municipal laws th... | [
{
"from": "human",
"value": "Why do some municipalities keep laws on the books that are not valid?\nFor example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the defendant / plaintiff to bring it up, or is the judge supposed to know such thing... |
(TL;DR - Summary) Why study 2 first professional degrees in law? I know firsthand that a first degree in law from Canada, US, UK, or Oceania qualifies for postgraduate law programs (eg LLM) in these countries. So why did these 'legal eagles' NOT do an LLM, in place of the second LLB or JD? Doing a second LLB or JD, re... | Studying a second professional degree in law, such as another LLB or JD, can offer several advantages that may explain why some legal practitioners chose this path instead of pursuing a Master of Laws (LLM) after their first law degree:
1. **Depth of Knowledge**: A second LLB or JD allows students to gain a deeper and... | [
{
"from": "human",
"value": "(TL;DR - Summary) Why study 2 first professional degrees in law? I know firsthand that a first degree in law from Canada, US, UK, or Oceania qualifies for postgraduate law programs (eg LLM) in these countries. So why did these 'legal eagles' NOT do an LLM, in place of the secon... |
There was a well-known controversy about the late Steve Jobs, who never had any number plates affixed to his AMG, supposedly still being in full compliance with California law, by supposedly leasing a new AMG every six months, and, supposedly, California doesn't require licence plates on the vehicle for the first six m... | Traveling in a car without license plates can lead to different outcomes depending on the state or province you are in. In general, here are some key points to consider:
1. **State Laws Vary**: Each state in the U.S. has its own laws regarding the display of license plates. In California, it is true that new vehicles ... | [
{
"from": "human",
"value": "There was a well-known controversy about the late Steve Jobs, who never had any number plates affixed to his AMG, supposedly still being in full compliance with California law, by supposedly leasing a new AMG every six months, and, supposedly, California doesn't require licence ... |
The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.
In loser pays, on the other hand, you could be on the hook if you decide to litigate an is... | The question of whether the American rule (where each party pays its own attorney's fees, regardless of the outcome) or the "loser pays" rule (where the losing party pays the winner's legal fees) is superior involves a complex analysis of various factors, including the type of cases, access to justice, litigation behav... | [
{
"from": "human",
"value": "The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.\nIn loser pays, on the other hand, you could be o... |
Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car doing this isn't the usual police car for that area but instead an unmarked car.
Are you legally required to pull over for... | Yes, in general, you are legally required to pull over for any vehicle that you reasonably believe is a police car, including unmarked vehicles. The laws regarding this can vary by state, but they typically fall under laws pertaining to failing to yield to an emergency vehicle.
**1. Legal Obligation to Pull Over:**
Mo... | [
{
"from": "human",
"value": "Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car doing this isn't the usual police car for that area but instead an unmarked car.\... |
I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation.
The court ruled in favor of the defendant. Its first observation was that (at the time) one of out every four American children was born out of "wedlock," (the literal meaning of "bastard.") The ju... | In the context of defamation law, the standard for what constitutes defamation often revolves around the meanings and implications of the words used, as well as societal norms at the time of the statement. The case you refer to appears to involve the nuances of language and the changing perceptions of terms like "basta... | [
{
"from": "human",
"value": "I have a recollection that late in the 20th century in the United States, A called B a \"bastard.\" B sued A for defamation.\nThe court ruled in favor of the defendant. Its first observation was that (at the time) one of out every four American children was born out of \"wedlock... |
Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as far back as February 2008.
Recently U.S. District Judge Amy B. Jackson has issued the government a long overdue smack-d... | The Fourth Amendment of the U.S. Constitution protects individuals against unreasonable searches and seizures, but its applicability is primarily focused on U.S. citizens and residents. For foreigners (non-U.S. citizens) entering the United States, the legal protections against search and seizure at the border are diff... | [
{
"from": "human",
"value": "Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as far back as February 2008.\nRecently U.S. District Judge Amy B. Jackson has is... |
Ideally, all possible scenarios are covered in the lease contract or rental agreement. Some things are not mentioned, however, and these can inevitably cause friction.
What actions can be taken if something happens that isn't covered by the lease? What options do I have?
I know the following:
Try to work it out with... | When dealing with a situation not covered by a lease or rental agreement, there are several steps you can take to resolve the issue. In addition to the actions you've already mentioned, consider the following options:
1. **Document Everything**: Keep a detailed record of the situation, including dates, communications,... | [
{
"from": "human",
"value": "Ideally, all possible scenarios are covered in the lease contract or rental agreement. Some things are not mentioned, however, and these can inevitably cause friction.\nWhat actions can be taken if something happens that isn't covered by the lease? What options do I have? \nI kn... |
I bought electronic goods from an online retailer. A fault appeared after a month-a-half that prevented the goods from working at all.
The way I understand the Sales of Goods Act is that the onus is on the retailer to prove the fault or repair/replace the item.
The retailer have referred me to the manufacturer because ... | I'm not a lawyer, but I can provide some general information regarding your situation based on the principles typically covered under the Sales of Goods Act and consumer rights.
1. **Is the retailer's referral to the manufacturer correct/legal?**
- Under the Sales of Goods Act (or equivalent consumer protection law... | [
{
"from": "human",
"value": "I bought electronic goods from an online retailer. A fault appeared after a month-a-half that prevented the goods from working at all.\nThe way I understand the Sales of Goods Act is that the onus is on the retailer to prove the fault or repair/replace the item.\nThe retailer ha... |
Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant?
Please note that the question is about the car documents or anything other than the occupant's identification (which an... | Yes, in general, police officers have the right to demand car documents and proof of insurance during a traffic stop without needing a search warrant. When a driver is pulled over for a traffic violation or during a routine check, the officer is authorized to request certain documents related to the vehicle and its ope... | [
{
"from": "human",
"value": "Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant?\nPlease note that the question is about the car documents or anything other th... |
I ask or worry not about the standard questions required during customs, such as a traveller's basic personal information, purposes of travel, etc... However, what if a traveller fears for his privacy, and suspects hostility or nosiness from a customs officer?
For example, can a traveller exercise his right of silence... | The right to privacy during customs inspections can be a complex issue, as customs officers are tasked with enforcing laws related to immigration, security, and customs regulations. Here’s a general overview of how the right to silence and privacy might apply in Canada, the USA, and the UK:
### Canada
1. **Customs Of... | [
{
"from": "human",
"value": "I ask or worry not about the standard questions required during customs, such as a traveller's basic personal information, purposes of travel, etc... However, what if a traveller fears for his privacy, and suspects hostility or nosiness from a customs officer? \nFor example, can... |
Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other benefits.
Additionally, the U.S. Supreme Court did not set out the level of scrutiny to be used in determining discrimination a... | The legalization of same-sex marriage across the United States, following the Supreme Court's decision in Obergefell v. Hodges in 2015, has had significant implications for various laws and policies affecting same-sex couples, including adoption and other family-related benefits.
### Impact on Adoption Laws and Benefi... | [
{
"from": "human",
"value": "Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other benefits.\nAdditionally, the U.S. Supreme Court did not set out the level of scrutiny ... |
If a co-tenant on a property (answers would preferably address residential cases, but commercial cases would be acceptable also) pays more rent than another, are they legally entitled to, for instance, more income from the sale of shared belongings? Would they be legally liable for more, if the tenants were penalised f... | In a co-tenancy situation, the rights and responsibilities of co-tenants can vary based on several factors, including the terms of any written agreement, the nature of the tenancy (residential or commercial), and the laws of the relevant jurisdiction.
### Payment of Rent and Sale of Shared Belongings
1. **Payment of ... | [
{
"from": "human",
"value": "If a co-tenant on a property (answers would preferably address residential cases, but commercial cases would be acceptable also) pays more rent than another, are they legally entitled to, for instance, more income from the sale of shared belongings? Would they be legally liable ... |
Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it depend on each and every website and needs prior permission? If scraping is not allowed without permission, who is guilty... | The legal landscape around web scraping and the use of automated scripts to extract data from websites is complex and can vary significantly based on jurisdiction and specific circumstances. Here are some key considerations regarding your questions:
### General Legal Considerations
1. **Terms of Service (ToS):**
-... | [
{
"from": "human",
"value": "Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it depend on each and every website and needs prior permission? If scraping is not ... |
I'm writing an e-book, which is supposed to generate leads in the following way:
People visit my landing page.
There, they see a text like "Enter your e-mail address and get this e-book for free".
Those, who entered and confirmed their membership, receive the e-book.
As long as they haven't unsubscribed, they also rec... | Using a picture from Wikipedia requires careful consideration of copyright and licensing. Most images on Wikipedia are licensed under Creative Commons licenses, which typically allow for use as long as certain conditions are met. Here are the steps you should follow to determine if you can legally include the image in ... | [
{
"from": "human",
"value": "I'm writing an e-book, which is supposed to generate leads in the following way:\n\nPeople visit my landing page.\nThere, they see a text like \"Enter your e-mail address and get this e-book for free\".\nThose, who entered and confirmed their membership, receive the e-book.\nAs ... |
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