instruction stringlengths 15 30k |
|---|
In common law systems, are there specific laws?
Yes
Are they written down?
Yes, [here][1] are the laws of Australia and New Zealand.
Or are there only previous court rulings?
No
**To expand**
Broadly (and rather vaguely) speaking there are 3 sources of law in a common law jurisdiction:
1. Statute law which co... |
Common law is based in the French system of law as imported to England following the Norman Conquest in 1066.
Its principle was simple: that **like cases should be treated alike**. This differed from the prior laws, which varied between the different local courts, and in doing this, the kings (who, in the beginning,... |
Before law enforcement can search a property, they need to obtain a search warrant (with some exceptions). That is, they request the warrant from a judge/magistrate/court, that then decides whether to grant the warrant or not. It is clear that this system is intended to prevent arbitrary searches, as the judge might si... |
How often are requests for search warrants declined? |
Hypothetical:
You're waiting in your doctor's office for your provider to perform a medically-necessary procedure. In walks a coordinator who requests you sign a *contract* for your upcoming procedure. The contract satisfies the usual elements and contains a hold-harmless clause.
Does signing the contract reduc... |
Can doctors make patients sign contracts? |
Figuring out whether a work is in public domain can be quite complex as different countries have different rules and there are often a lot of (relatively) complex exceptions. There must however be a cut off point before which you can be sure beyond any reasonably doubt that the work is in public domain. Which year woul... |
Works published before which year are internationally in public domain? |
Is it legal to translate and distribute movie subtitle files?
Consider the following cases:
1. Ripped movie subtitle is downloaded from an online sub sharing community.
2. Writing subtitles from audio and translating/distributing them.
|
In series finale of *The Office*, Jim and Pam are about to quit their jobs in Scranton to move to Philadelphia.
As they are about to quit, their manager, Dwight, fires them, and tells them that they will be paid severance.
Assuming that their severance payments are provided for in their contract, is Dwight likely... |
Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though the patients have already paid to perform the test.
----------
I am mostly interested in the following locatio... |
Can a lab make patients pay to access test results? |
In the United States, is one's workplace generally considered to be a place where an employee can assume a relative level of privacy from hidden surveillance?
For example, suppose that I had a private office at work. Can I legally assume a reasonable level of privacy in my "private" office. Or can my employer record... |
The [JSLint license][license] specifies that code "shall be used for Good, not Evil". It's been a source of (what appears to be) alarmist and ridiculously overblown [controversy][ragequitting] for a while now.
I've noticed this conversation tends to attract a lot of developers who really like open source, know next ... |
Worst realistic effect in the U.S. of JSLint license? |
<h3>Answer</h3>
> **You don't know. You can't know. And you can't force the officer to tell you.**
<hr>
<h3>Detention Status</h3>
As a practical matter, you have no way of knowing if you are compelled to follow an officer's order because you are being detained unless the officer volunteers that information (your ... |
So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend.
The conditions for probation were:
* Marrying his girlfiend within 30 days
* Writing Bible verses; and
* Attending counselling.
This got me wondering: is something that's happened (and r... |
Is there legal precedent for judges require marriage as a condition for probation? |
there. you may know about the lawsuit by a documentary filmmaker against Warner-Chappell for controlling the right to the Happy Birthday song.
http://boingboing.net/2015/08/07/the-twisted-history-of-the-hap.html
I don't know how this will turn out (and by the way IANAL).
If the Court rules against Warner--C... |
Happy Birthday song lawsuit: grounds for retroactive class action lawsuit? |
Can an individual require access to his pre-employment drug screening results in the United States? I am mostly interested in California and Massachusetts. |
Are pre-employment drug screening results not obtainable by the patient? |
Is there a procedure that allows the reviving of an expired LLC in Nevada? The company in question expired over a year ago after the required annual documents were not filed. |
Yes. Most states have a reinstatement period of up to five years during which you can reinstate your corporation by filing the appropriate paperwork and paying the required fees and any penalties (extra fees) due.
Check the website of your state's corporation authority for the exact procedure.
In Nevada, it looks... |
What legal recourse does company have against a client for compensation when it performs work for the client without a contract, given that the company has documentation of provided services, along with multiple witnesses? |
there. you may know about the lawsuit by a documentary filmmaker against Warner-Chappell for controlling the right to the Happy Birthday song.
http://boingboing.net/2015/08/07/the-twisted-history-of-the-hap.html
I don't know how this will turn out (and by the way IANAL).
If the Court rules against Warner--C... |
So, I've always been a fan of the medieval ages and chivalry and honor and all that good stuff, and recently as I was thinking about it, it got me wondering. Is it possible to have a duel to the death set up in a way where neither party receives any negative legal backlash (i.e. being labelled a murderer and tried as s... |
Legal duel to the death? |
In practice, what are the main differences between the regulatory approach adopted by FCA and PRA and that adopted by FSA?
Rather than being substantive, the differences they have seems to be more about rhetoric. For example, it seems that the old approach and the new approach are both based on risk. |
A friend tells me it's not worth it to get a patent on a web application because they are not useful. Either the USPTO has stopped granting patents on "process" improvements (i.e. web apps) or they are not useful once granted.
Take, for example, the fact that Amazon technically [owns the patent for selling stuff ove... |
Are technology patents useful? |
Paypal, as part of their banking license, perform random checks on accounts where they ask for Photo ID, Proof of Address and Proof of Age. However, if one is unable to provide this information, for whatever reason, they prevent you withdrawing your funds for 180 days.
Is this legal?
(Specifically in the UK if th... |
Can Paypal withold funds for 180 days? |
A friend tells me it's not worth it to get a patent on a web application because they are not useful. Either the USPTO has stopped granting patents on "process" improvements (i.e. web apps) or they are not useful once granted.
Take, for example, the fact that Amazon technically [owns the patent for selling stuff ove... |
I might be a bit late on this but I just got to know the story of Aaron Swartz, a phenomenal guy to say the least.
The internet is filled with news posts,blogs, and even documentaries stating that "he hacked JSTOR" and downloaded gigabytes of academic journal from the service. Can someone explain to me how what he did... |
How does Aaron Swartz's mass download from JSTOR constitute hacking? |
I've been learning web designing for a while now, and I hope to achieve an internship in this field sometime soon. I've noticed that most prospective employers ask for samples of work while looking at resumes. Since I don't have any real world experience in web design, it's important for me to show some relevant skills... |
In practice, what are the main differences between the regulatory approach adopted by Financial Conduct Authority and Prudential Regulation Authority and that adopted by Financial Services Authority?
Rather than being substantive, the differences they have seems to be more about rhetoric. For example, it seems that ... |
Obviously, it is illegal in most countries to download films, games, music etc without paying for them. However, there are a growing number of people who argue that streaming is not illegal as, they claim, that because streaming does not save the files after you have viewed them (despite there being caching) it does no... |
My apartment had a toxic contamination issue. It wasn't my fault or the landlord's (in fact, it happened before he owned the building).
Some of my belongings had to be disposed of. Is he responsible for replacing them? |
is landlord responsible for damage that's not his fault? |
While discussing Hans Reiser's subsequent civil lawsuit to his murder conviction, [Wikipedia states](https://en.wikipedia.org/wiki/Hans_Reiser#Time_in_prison):
> "Judges ... are immune to lawsuits regarding their official conduct."
In the United States, is that actually true? Surely, if a judge colludes, conspi... |
Are judges immune from crimes committed while acting as a judge? |
I read in a [blog post][1] that to file an infringement suit, I need to have registered my work registered with the US copyright office before the infringement took place. However, I can't find anything about this on the website of the US copyright office, just that it needs to be filed before the suit is filed.
Whe... |
When do I have to register my copyright if I want to file an infringement suit? |
I live in the US (Illinois).
If I have 2 cars, and:
For car #1, insurance company "A" has a better rate, and for car #2, insurance company "B" has a better rate.
Assuming the difference in rates is more than the multi-car discount of either insurance company, it might be cheaper to insure each car with a diff... |
A friend tells me it's not worth it to get a patent on a web application because they are not useful.
Either:
* the USPTO has stopped granting patents on "process" improvements (i.e. web apps) or
* they are not useful once granted.
Take, for example, the fact that Amazon technically [owns the patent for sell... |
Are judges immune from prosecution of crimes committed while acting as a judge? |
Context: I work at a restaurant in the UK. I am new and haven't yet completed the online training Program's I have been asked to complete. It's pretty much a zero hour contract (I think it's 12 hours) but I work about 40 a week.
The training mentioned below can be done any time anywhere. Including at home.
Situat... |
Can my manager make me do unpaid training like this? |
Let's say I purchase an Operating System (let's call it, Microsoft Windows 10 Home Edition) from an online retailer. It turns out this is an OEM license, so perhaps not entirely as legitimate as it should be.
I purchased this OS on the basis that the software I wanted to use (from the same vendor) suggested that it ... |
Let's say I purchase an Operating System (let's call it, Microsoft Windows 10 Home Edition) from an online retailer. It turns out this is an OEM license, so perhaps not entirely as legitimate as it should be.
I purchased this OS on the basis that the software I wanted to use (from the same vendor) suggested that it ... |
You do not give the jurisdiction, however, just looking at common law.
What warranties did the landlord give in the lease about the condition of the property? Additionally, what warranties are read into the lease under local real estate or consumer protection laws? A general "fitness for purpose" warranty is virtual... |
If the burden of proof lies on the plaintiff, how could the plaintiff prove the defendant didn't pay for an item removed from a store.
From what I understand a negative can't be proven.
In this case isn't it always possible that the item was paid for, but the record of it isn't brought forward?
How are we to tak... |
*I am a **french student**, during a **six-month internship** in **France**.*
Thus, my question is restricted to this country only.
My contract gives me 5 days of *paid leave*. I have used only 3 until now.
Things are I will have to leave the company without being able to use them.
*The reason why is off-to... |
Are remaining "paid leave" paid at the end internship in France? |
In the hope of reducing my email burden, I have been considering something like the service [here][1]. The process works as follows:
- Person `A` sends email to Person `B`
- Person `A` receives automated message saying something along the lines of "Your email has not been delivered yet. Please verify your email ... |
In the hope of reducing my email burden, I have been considering something like the service [here][1]. The process works as follows:
- Person A sends email to Person B
- Person A receives automated message saying something along the lines of "Your email has not been delivered yet. Please verify your email addres... |
I might be a bit late on this but I just got to know the story of Aaron Swartz, a phenomenal guy to say the least.
The internet is filled with news posts,blogs, and even documentaries stating that "he hacked JSTOR" and downloaded gigabytes of academic journal from the service. Can someone explain to me how what he did... |
The layman explanation at [HUD][1] states:
"No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap
...
Set different terms, conditions or privileges for sale or rental of a dwelling"
So, sure, they're not lying if they say they don't ... |
When going on the [openssl](https://www.openssl.org/) it clearly states that openssl is subject to export restriction because it uses strong encryption.
Looking at the [libsodium](https://download.libsodium.org/doc/) page I cannot find anything like this.
Why? Are the restriction different for libsodium or did th... |
I just read [this article](http://www.jdsupra.com/legalnews/first-meeting-of-drone-privacy-39243/) because I am interested in the Wild West that is Drone regulation.
At several points in that article, the term **privacy** is used (privacy *regulations*, privacy *stakeholders*, and so on), but without any concrete sp... |
What are "Drone Privacy Stakeholders"? |
If you plead not guilty on a traffic ticket in New York City. If at the court hearing you are found guilty, is it possible for them to penalize you or charge you interest for the time elapsed since the incident? |
Can you be penalized for pleading not guilty if you're found guilty? |
I, living in Germany, am developing an app based on the API of a company that has to following rules in their Legal section:
> ... don't want to get sued. Therefore, you agree that we can use, copy, modify, distribute, and make derivative works of your Project in any form, on a royalty-free, non-exclusive, irrevocab... |
Is a general Indemnification rule related to IP enforcable in Germany? |
If you plead not guilty on a traffic ticket in New York City. If at the court hearing you are found guilty, is it possible for them to penalize you or charge you interest for the time elapsed since the incident?
I am referring to penalties/interest in addition to the fine written on the ticket. |
I am very frustrated with my landlord. They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub". They didn't even give me a warning about it. In my opinion, it's not that dirty and certainly not to the extent requiring a legal threat... |
Lets say that two individuals approach another person and start asking him questions or 'ask' him to do something (for instance leave an area). They do not make any explicit verbal threats, however, their posture, hostility, and body language all are used to physically intimidate the other person, to make them afraid ... |
is an implied physical threat via looming over someone legal? |
>Is it standard operating procedure to threaten tenants over such a small infractions?
Maybe, we don't have enough information; all we know is that they have done it at least once, to you. Wrong question anyway; it doesn't matter if it is standard practice; it matters if it is legal. I don't know enough about Califor... |
Clean your tub. Scratch that off the list.
Typo - forget about it, there is nothing here, clerical errors are curable if not outright reasonable.
In CA your landlord can enter under certain circumstances. All but emergency require notice, agreement, or your presence. But what is your remedy? A civil suit for dama... |
I'm pretty sure you cannot make a bet and have the outcome one or way another be a sexual favor. But why would this be illegal? |
Can you bet sexual acts? |
Suppose that a fully automated anti-cheat system (claimed by a company to be 99.99% accurate) wrongfully and permanently banned a player from a game that requires a one-time fee to begin playing, offers further optional in-game microtransactions, and has no offline functionality.
The support team for this game refus... |
Must the reason for a permanent ban for a paid online game be provided? |
The question:
If I am missing time at work, and spending free time, to do research to free myself from a 'crime' I didn't commit, can I sue 'the plaintiff'?
The background:
A rental car company is accusing me of doing ~2000 dollars worth of damage to the locks on one of their cars, they said that I must have locke... |
This would be entirely dependant on the jurisdiction.
The things that would need to be legal to make this transaction legal are:
1. Is the sexual act legal?
2. Is gambling legal?
To make this an enforceable contract, in addition you would need:
1. Sexual acts to be valuable consideration, basically, is ... |
You are asking if can sue for your damages which in this case are limited to the time that you spent refuting their accusation? No. What can you do to inconvenience them? Start with yelp and go from there. |
Could I sell a printed work, say a book, which included Apple's emoji characters? Also if I redrew them in the same style only for purposes of providing a higher resolution version of the emoji would that be legal as well?
Is using a specific implementation of emoji carry the same legal implications as licensing a ... |
Is it legal to include Apple emoji in a commercial printed book? |
Last week I was issued a ticket for "Operating Vehicle While Texting/Reading/Typing". It was a bs ticket since I had just pulled out of a parking lot and was merely plugging my phone in to charge it. Regardless, I probably don't have a shot at winning that since I was still looking down with a mobile device in my han... |
Some time (years?) ago I saw (In fact it might have been in a comic, possibly Zits.) an expression/proverb that basically said that being in possession of a disputed goods meant that a civil law suit/quarrel was almost won before it had begun. Anyone know what idiom am talking about and can remind me?
NB: I am not s... |
Latin expression for the advantage of being possession of disputed goods in a civil suite? |
Some time (years?) ago I saw (In fact it might have been in a comic, possibly Zits.) an expression/proverb that basically said that being in possession of a disputed goods meant that a civil law suit/quarrel was almost won before it had begun. Anyone know what idiom am talking about and can remind me?
NB: I am not s... |
The only expression I'm aware of is: ***possession is nine-tenths of the law***.
This expression does not hold up literally; *title* is much stronger evidence than possession.
_Uti possidetis, ita possideatis_ is a principle of **international law**. This applies to relations between sovereign states, rather than... |
In my speculative fiction work-in-progress (sorry about the fantasy elements :), but to be frank, superhero *prose* is a hard sell and I need some weirdness like this to interest the suits in publishing). I have this chapter wherein the protagonist, a 21 y.o. normal human male is transformed into a Superman-like being,... |
In my speculative fiction work-in-progress (sorry about the fantasy elements :), but to be frank, superhero *prose* is a hard sell and I need some weirdness like this to interest the suits in publishing). I have this chapter wherein the protagonist, a 21 y.o. normal human male is transformed into a Superman-like being,... |
In my speculative fiction work-in-progress (sorry about the fantasy elements :), but to be frank, superhero *prose* is a hard sell and I need some weirdness like this to interest the suits in publishing). I have this chapter wherein the protagonist, a 21 y.o. normal human male is transformed into a Superman-like being,... |
In my speculative fiction work-in-progress (sorry about the fantasy elements :), but to be frank, superhero *prose* is a hard sell and I need some weirdness like this to interest the suits in publishing). I have this chapter wherein the protagonist, a 21 y.o. normal human male is transformed into a Superman-like being,... |
There's biases in gambling, such as the 0 on a roulette table, but that is arguably obvious to the player.
Is it legal for online casinos to knowingly or unknowingly bias their games at a software level (random number generator etc) in their favour? Could something like this be covered in the small print?
A probl... |
Can online gambling sites bias their games? |
If a patentee actually expresses recombinant gene-X in organism-A does that give him the right to also claim this gene-X in other organisms?
All other organisms? If not how broadly? Too broad sounds unfair: Just because you successfully expressed said gene-X in organism-A does not mean expressing it in organism-B is... |
CPS were directed by the Crown court to provide the reasoning why the Police did not secure CCTV evidence. The court made an order to provide this to all parties by 28 July. On 30th July CPS requested a variation to the order to extend the time to 11 August. CPS were asked on what grounds they were seeking this varia... |
This is not unusual its a technical abuse of process but the CPS get away with it all the time and get away with breaching HHJ orders. Lots of case law on free sites like Bailii outline CPIA rules of gathering evidence such as CCTV and potential consequences of not doing so. How important to the defence case was the CC... |
Is it Crown Court trial or magistrates? If your at mags beware they support the police in most events especially if you haven't been out photographed the location of the camera and tried to get evidence of what it shows and the quality of the recording if it even records? Are you a Litigant in person? re case law look... |
There's biases in gambling, such as the 0 on a roulette table, but that is arguably obvious to the player.
Is it legal for online casinos to knowingly or unknowingly bias their games at a software level (random number generator etc) in their favour? Could something like this be covered in the small print?
A probl... |
**It is, in most jurisdictions, not a crime to download YouTube videos.**
For criminal law, the answer is that it is not illegal. In many jurisdictions, downloading music or video of any kind from the internet is not a crime. Thus, police has no power to punish you for downloading, and even less power to shutdown su... |
In my speculative fiction work-in-progress (sorry about the fantasy elements :), but to be frank, superhero *prose* is a hard sell and I need some weirdness like this to interest the suits in publishing). I have this chapter wherein the protagonist, a 21 y.o. normal human male is transformed into a Superman-like being,... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.