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Following up on http://law.stackexchange.com/q/134/10 the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as "maliciously making a mess" or "unnecessarily desecrating an individual or his property" in the course of a LEO's official duti... |
Suppose I am not a professional lawyer but I have standing and want to bring a case to court _pro se_. To make this [widely applicable](http://law.stackexchange.com/a/42/10) and more readily answerable: [Suppose I want to file a 42 USC 1983 complaint in U.S. federal court for some violation of my fourth-amendment righ... |
I vaguely recall in the case of Oracle v. Google in regards to Java v. Android that was happening in a district court physically located in San Jose, California, that one of the jurors was familiar with the process and procedure of acquiring patents, and there was some controversy in regards to this fact (he was sharin... |
Are jurors allowed to teach law to one another? |
Following up on http://law.stackexchange.com/q/134/10 the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as "maliciously making a mess" or "unnecessarily desecrating an individual or his property" in the course of a LEO's official duti... |
Are you allowed to travel in a motor vehicle in the U.S. without a drivers license?
In the U.S., The law that governs motor vehicles is the [National Traffic and Motor Vehicle Safety Act][1].
But according to the constitution;
> "Freedom of movement under United States law is governed primarily by
> the Privile... |
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 f... |
Do you need a drivers license to travel in the U.S.? |
In the U.S., The law that governs motor vehicles is the [National Traffic and Motor Vehicle Safety Act][1].
But according to the constitution;
> "Freedom of movement under United States law is governed primarily by
> the Privileges and Immunities Clause of the United States Constitution
> which states, "The Citiz... |
There is no basis for the view that requiring a driver's license is unconstitutional.
First, it's critical to realize that a right to travel has nothing whatsoever to do with licensing drivers. A right to travel does not in any way mean there's a right to travel in a particular way. Likewise, using a car does not me... |
Are perimeter searches without consent nor warrant ever legal?
What if it's a motor vehicle / car? Is the situation different with a house? |
Is perimeter search without a warrant ever legal? |
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 ... |
Why case law quoted in support of X often rules against X? |
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 ... |
Who has the right of way at an intersection next to a parking lot in Canada? |
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 ... |
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... |
Is it possible to legally prohibit someone from linking to specific pages on your website? |
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... |
[In Thailand](http://en.wikipedia.org/wiki/Minor_(law)#Thailand), a minor (one who has not received *[sui juris](http://en.wikipedia.org/wiki/Sui_iuris)*) is a person under the age of 20. An exception is made if the person is married - [which can happen](http://www.thailandlawonline.com/thai-family-and-marriage-law/pag... |
Does a divorced/widow(er)ed person under the age of 20 in Thailand retain sui juris? |
In the U.S., the law that governs motor vehicles is the [National Traffic and Motor Vehicle Safety Act][1].
But according to the Constitution;
> Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of ... |
Do you need a driver's license to travel in the U.S.? |
No.
You are correct in that this is not related to Copyright. Copyright is meant to protect *expressions of an idea*.
An URL is simply an address, like a street address. Can you legally stop people referring to your home address? No. Can you legally stop people from passing by and looking at your house on the str... |
Can you be liable for damages? Under [Tort Law][1], yes.
Let's assume someone developed a virus based on your code. The virus caused millions of dollars of damage. The plaintiff can argue that:
1. You have a [Duty of Care][2]
> to avoid acts or omissions which you can reasonably foresee are
> likely to inju... |
Can you be liable for damages? Under [Tort Law][1], yes.
Let's assume someone developed a virus based on your code. The virus caused millions of dollars of damage. The plaintiff (software vendor) can argue that:
1. You have a [Duty of Care][2]
> to avoid acts or omissions which you can reasonably foresee are... |
In England and Wales, [jurors are forbidden to speak to anyone about the trial or their deliberations, even after the trial is finished][1]. 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 ar... |
Are US jurors always free to speak about the trial? |
In England and Wales, [jurors are forbidden to speak to anyone about the trial][1] or their [deliberations][2], 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 ... |
> In the case of [United States v. Scheinberg][1], 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 A... |
Is online gambling illegal in the United States? |
Consider an aircraft registered in country A. On a flight operated by an airliner based in country B, it carries passengers on a flight from country X to country Y. The flight path overflies airspace of country C and international airspace.
Assume that countries A, B, C, X and Y all have different legal drinking age... |
Which jurisdiction apply in a vessel? |
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? |
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 ... |
What is unjust enrichment under the law? It's understandable if associated with liability for wrongdoing. Apparently, this is not a necessary condition. How does it operate independently of liability for wrongdoing? |
What is "unjust enrichment?" |
Does the constitution of the US extend its protections to—
- legal aliens in the US (e.g. visitors from overseas), and
- illegal aliens in the US (e.g. someone who has stayed beyond their visa's validity)? |
How does the US constitution apply to aliens? |
**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 iden... |
What jurisdiction does an IP address fall under? |
In an online forum or social network does a user who ties the identity of their presence there to their real world identity have more recourse open to them with regard to being libeled than a user who uses a pseudonym?
Asked another way, it is possible to commit libel against an anonymous pseudonym? |
Do forum users who establish their identity have more protection from libel? |
Are forum users who establish their identity entitled to more protection from libel? |
In an online forum or social network does a user who ties the identity of their presence there to their real world identity have more recourse open to them with regard to being libeled than a user who uses a pseudonym?
Asked another way, is it possible to commit libel against an anonymous pseudonym? |
Are forum users who establish their identity more entitled to protection from libel? |
#There's really no difference.
Quoting from [here](http://www.eff.org/issues/bloggers/legal/liability/defamation),
> **What if I change the person's name?**
> To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable. So if yo... |
With Snapchat and Instagram it is all too easy to abuse picture taking and really inexpensive to snap a photo of an unknowing stranger. If you are in public and will only post pictures online without their permission, can the victim take legal action against you?
What would be the effect on the photo taker? Will the... |
What are the legal repercussions of taking a stranger's picture in public? |
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 ... |
Can you be bound to an unsigned contract even thou services are rendered informally? |
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 ... |
Can you be bound to an unsigned contract even though services are rendered informally? |
In the United States, **You have no expectation of privacy in public**. So anything you can see from a public place, you can take a picture of. Even if the "victim" is in their own home but has the blinds open. If you are standing on a public sidewalk/street. You would legally be able to take a picture with certain exc... |
#There's really no difference.
Quoting from [here](http://www.eff.org/issues/bloggers/legal/liability/defamation),
> **What if I change the person's name?**
> To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable. So if yo... |
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? |
In the United States, **You have no expectation of privacy in public**. Anything you can see from a public place, you can take a picture of, even if the "victim" is in their own home but has the blinds open. If you are standing on a public sidewalk or street, you would legally be able to take a picture with certain exc... |
As a pro se litigant, you have the same power as an attorney to prepare your case. What is that power? Subpoena power. That is the power to compel witnesses to appear and give testimony.
Along with subpoena power, you have the power given by the rules of discovery, to conduct discovery, send interrogatories (writte... |
**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 iden... |
One of the provisions of the [Convention on the Rights of the Child](http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child) is that a person under the age of 18 - or else under the age of majority - can not be executed. Two countries - [Saudi Arabia, and Sudan](http://www.hrw.org/news/2010/10/09/iran-saudi... |
How do Saudi judges decide whether or not a person has become an adult and is eligible for the death penalty? |
With regard to this [question,][1] a patent lawyer told me that if one of the other jurors tried to teach the others his view of patent law, and they followed him, rather than the judge, that would be a form of "jury nullification." He said that that's why lawyers would often challenge "expert" jurors. And there was a ... |
Can a case get thrown out because of "jury nullification? |
With regard to this [question,][1] a patent lawyer told me that if one of the other jurors tried to teach the others his view of patent law, and they followed him, rather than the judge, that would be a form of "jury nullification." He said that that's why lawyers would often challenge "expert" jurors. And there was a ... |
With regard to this [question,][1] a patent lawyer told me that if one of the other jurors tried to teach the others his view of patent law, and they followed him, rather than the judge, that would be a form of "jury nullification." He said that that's why lawyers would often challenge "expert" jurors. And there was a ... |
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 ... |
Consider an aircraft registered in country A. On a flight operated by an airliner based in country B, it carries passengers on a flight from country X to country Y. The flight path overflies airspace of country C and international airspace.
Assume that countries A, B, C, X and Y all have different legal drinking age... |
Which jurisdiction applies in a vessel? |
I was reading about [*Shelley v. Kraemer* (1948)](http://en.wikipedia.org/wiki/Shelley_v._Kraemer), 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.... |
How does one determine the reasons for a judge's recusal? |
Can you be liable for damages? Under [Tort Law][1], yes.
Let's assume someone developed a virus based on your code. The virus caused millions of dollars of damage. The plaintiff (software vendor) can argue that:
1. You have a [Duty of Care][2]
> to avoid acts or omissions which you can reasonably foresee are... |
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 [Solicitor Generals](http://en.wikipedia.org/wiki/Solicitor_General) argue in courts, then ought they not be called 'Barristers Gene... |
Why 'Solicitor General', and not 'Barrister General'? |
I was reading about [*Shelley v. Kraemer* (1948)](http://en.wikipedia.org/wiki/Shelley_v._Kraemer) ([full opinion](https://www.courtlistener.com/opinion/104545/shelley-v-kraemer/)), which states that Justices
>Reed, Jackson, Rutledge took no part in the consideration or decision of the case.
As another example, ... |
Judges may instruct a jury to disregard evidence or utterances during a trial, but how can the court and public confirm or guarantee such disregard? Does a verbal instruction truly suffice?
Maybe judges themselves can be biased also.
If a particular fact is exceptional, then independent of relevance, subconscio... |
How does the law ensure that jurors truly disregard as instructed? |
The text of SB-1341 bill (just introduce to the US Senate) is available [here][1].
##Summary
As far as I understand it, if this bill were to pass, researchers would be unable to connect student-level data to any other outcomes (e.g., academic, social, etc.). Student-level data can be test scores and survey data ab... |
When I use a photo licensed under Creative Commons (from Flickr) on a website I make, what is the required way to give attribution?
Assuming the license allows commercial use and changes with attribution could I include the title, creator, and a tinyurl to the flickr image in a corner of my modified image? Or would ... |
A warrant canary is a repeated claim by an individual or organization that they have not been served any warrants with an attached gag order. The idea is that you can say whatever you like if you have not been served such a warrant, but if you are ever served a warrant you simply stop publishing your warrant canary. At... |
Is there any legal theory behind "warrant canaries"? |
This is largely a contract law issue, with little to do with intellectual property.
Let's take a closer look at **Offer** and **Acceptance** of a Contract. An Offer or Acceptance can be made:
1. **Orally**
2. In **writing**
3. By **conduct**
First, you offer your client a written contract, with terms and ... |
According to the [Anticybersquatting Consumer Protection Act](https://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act), Cybersquatting on a TM is illegal. However, someone registered myfirstname.com, do I have any legal right to ask them to sell it to me at a reasonable price ($10)? |
If someone is cybersquatting myname.com, can I claim it back? |
I finally found the actual transcript of the *voir dire* part of the case mentioned in the question.
http://www.groklaw.net/articlebasic.php?story=2012090614295190
As can be evidenced from the transcript, the judge has specifically instructed the two jurors working as engineers at the local tech companies that th... |
SCOTUS justices are often asked about the allowance of cameras in SCOTUS (eg Justices Breyer, Scalia in interviews; Justice Souter during his confirmation hearing).
However, no one appears to have asked my following narrower question to a Justice:
Are there any reasons against cameras restricted to the SCOT... |
Why does only SCOTUS oppose cameras, despite other highest courts' allowance? |
Supreme Court justices in the United States are perennially asked about the allowance of cameras in the Supreme Court (eg Justices Breyer, Scalia in interviews; Justice Souter during his confirmation hearing). However, no one appears to have asked my following narrower question: Are there any reasons against cameras re... |
Why does the United States Supreme Court oppose cameras, given that other higher courts' allowance? |
Supreme Court justices in the United States are perennially asked about the allowance of cameras in the Supreme Court (e.g., Justices Breyer, Scalia in interviews; Justice Souter during his confirmation hearing). However, no one appears to have asked my following narrower question: Are there any reasons against cameras... |
Why does the United States Supreme Court oppose cameras, given that other high courts allow them? |
Supreme Court justices in the United States are perennially asked about the allowance of cameras in the Supreme Court (e.g., Justices Breyer, Scalia in interviews; Justice Souter during his confirmation hearing). However, no one appears to have asked my following narrower question: Are there any reasons against cameras... |
Why does the United States Supreme Court oppose cameras, despite other high courts' allowance of them? |
In the IT/Programming security world, usually people contact the vendor/owner of a particular software if they find a bug or security vulnerability and give them time to patch it before releasing the bug or vulnerability for public scrutiny/awareness. This is usually as a courtesy thou unless you're bound by contract. ... |
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 does... |
If A makes a potentially "defamatory" statement to C about B, does it matter if C knows B well? |
According to the [Anticybersquatting Consumer Protection Act](http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act), Cybersquatting on a trademark is illegal. However, someone registered myfirstname.com. Do I have any legal right to ask them to sell it to me at a reasonable price ($10)? |
#It's complicated.
[Rule 53](http://www.law.cornell.edu/rules/frcrmp/rule_53) states
> Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.
This is... |
Can I waive my statutory rights? |
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 wai... |
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