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This question pertains to Indian Law. However, the Law in this area is similar to British Law, so I would appreciate answers pertaining to British Law too. Suppose a group of people (the principals) who jointly own land (say, the Trustees of a Trust which owns land) have jointly given power of attorney to someone to...
If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is substantively the same petition with the same court? I.e., can one file a new petition requesting the *same action even if the f...
If a petition is dismissed without prejudice can it be refiled?
## Australia ## For an alternative jurisdiction (Australia) see https://aifs.gov.au/cfca/publications/corporal-punishment-key-issues. I quote: >In most states and territories, corporal punishment by a parent or carer is lawful provided that it is carried out for the purpose of correction, control or discipline, a...
Let's say I create a computer program that randomly chooses words and records them. Now, this generator spits out an exact word-for-word copy of a non-public-domain book. If I publish this (without knowing it's a copy), would I be in violation of the original book's copyrights? What if I could reasonably prove that...
Is a randomly-generated book a violation of copyright?
A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is abroad. The product has now developed a significant fault. It is now outside of the 1-year warranty offered by the m...
Does EU consumer law apply on products purchased in the EU but used abroad?
Okey, this is going to be quite a specific question about something that has come up. I am a school student, and I sent various emails to the developers of the school management software that my school uses. I was questioning them about the possibilities of API access into the data, besides the unofficial API whi...
Does my school have a right to get involved over something relating to them, but done in isolation of them?
A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is abroad. The product has now developed a significant fault. It is now outside of the 1-year warranty offered by the m...
Is it (in a legal sense) reverse engineering to 'hack' into a completely unsecured API? - Simple REST API used in Android app - No SSL (just strait HTTP) - Passwords are sent in plain text over this HTTP API (I didn't build this by the way, the question inst about the API security) I ran the android app,...
In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and [not proven][1]. In modern use there is no practical difference between not guilty and not proven: the defendant is acquitted in both cases. Has there ever been a case where a verdict of 'not proven' ended up having a differe...
Has a verdict of 'not proven' ever had a different effect to one of 'not guilty'?
Let's say I fill in my credit card number in a website to purchase something. They give me a message saying the item will be delivered soon, and I don't notice anything wrong. Later I find out that there are other orders in my credit card, that I didn't do myself. I'm pretty sure the bank will return my money aft...
If a malicious website steals my credit card info, what happens?
It is quite common for various parties online to exchange signed documents in signed form (such as contracts for remote work). Would these documents have any power in a court of law? Is it necessary to use the original documents for them to have any legal value?
Do scans of signed documents have the same legal power as the original document?
I want to start an online browser game following all laws. A few days ago I heard of [COPPA - Children's Online Privacy Protection Act][1]. In this link, they clearly explain in all details what must be done, and what kind of website must comply. As a person that knows (absolutely) nothing about law, I am glad to fi...
How to make sure my website complies with things like COPPA?
Is it legal to reverse engineer an unsecured API? - Simple REST API used in Android app - No SSL (just straight HTTP) - Passwords are sent in plain text over this HTTP API I ran the Android app and placed wire shark in the middle of the connection with a simple man-in-the-middle attack. I could then exam...
In this case, the original contract is under EU law. But one of the parties is currently in a country outside the EU. The other party has their agents in the same country as well. Can an appeal be made to the local judicial system? What other relevant details should be taken into consideration?
Can a non-EU court make a ruling on a matter concerning EU law?
A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is abroad. The product has now developed a significant fault. It is now outside of the 1-year warranty offered by the m...
Suppose a contractual obligation is formed under EU law (e.g., by consumer protection laws). Now suppose that the parties to that contract (a buyer and a vendor or manufacturer) have agents in a non-EU country. Should they be able to adjudicate the contract under the local judicial system, even though the local syste...
Can a court rule on a contract created by laws outside its jurisdiction?
I want to start an online browser game following all laws. A few days ago I heard of [COPPA - Children's Online Privacy Protection Act][1]. In this link, they clearly explain in all details what must be done, and what kind of website must comply. As a person that knows (absolutely) nothing about law, I am glad to fi...
Let's say I submit my credit card information to a website to purchase something. They give me a message saying the item will be delivered soon, and I don't notice anything wrong. Later I find out that my credit card is being used for unauthorized purchases. I believe my bank protects me against unauthorized use ...
In copyright case law, what roles do *process* versus *output* play in determining infringement via creation of a similar work. By *process* I mean, "How much access did the creator of the new work have to the putative base work?" By *output* I mean, "How similar, textually, is the new work to the older work?" I a...
I want to start an online browser game following all laws. A few days ago I heard of [COPPA - Children's Online Privacy Protection Act][1]. In this link, they clearly explain in all details what must be done, and what kind of website must comply. As a person that knows (absolutely) nothing about law, I am glad to fi...
Suppose I, or a company I own, want to purchase a domain name from an existing owner. Am I allowed to blatantly lie about the interests I represent and why I want the domain? Can I, for example, buy the domain from them (as an individual) under the pretense that I just think the name sounds cool, or because I'm rai...
When is misrepresentation and concealment allowed in negotiating contracts?
Lots of bits and pieces of information and chaotic data spread across the web and it does cost an arm and a leg to gather them together to form something larger and consistent that would prove to be much more useful. Is it legally viable to **scrape** these **factual data** / information from different websites, com...
Scraping factual data off the web and re-organize to release under proprietary license?
Can employee be restricted to use his or her BYOA(Bring Your Own Application) or BYOL(Bring Your Own License) by employer? I recently buy 1 per seat license of diff application from [scootersoftware](http://www.scootersoftware.com/). They said I can use this application in my home PC and my company's PC etc as long ...
Can employee be restricted using his or her BYOA or BYOL by employer?
Can an app allow users to make bets among users and based on the outcome of that bet the winning party will receive payment from the loosing party? Would this require a gambling licence? If not, what are some things that would make it require a gambling licence?
does allowing bets between people require a gambling licence?
As my web spider was crawling, I found this [site][1]. It uses a Google Maps screenshot without using the widget or acknowledging that it is from Google. Is this legal? Should I inform the site to remove it? [1]: http://www.hkage.org.hk/en/contact-us
It is appropriate to include Google Maps screenshot acknowledging it is from Google?
In 2011 I filed paperwork with the Virginia State Corporation Commission (SCC) to form an LLC. I was the "registered agent" for the LLC. Now, in 2015, I would like my wife to own 100% of the LLC. I have changed the "registered agent" for the company from my name to her name with the SCC. However, SCC says they don'...
I would probably have a legal disclaimer out of an abundance of caution. That being said, you have a right to free speech via First Amendment guarantees. While that right is not absolute and some words “by their very utterance” cause injury or incite an immediate breach of peace, and do not receive constitutional prote...
I recently lost my cell phone and then saw a Craigslist posting of a cell phone that looked similar to my cell phone with the exact same model and storage capacity and color, but its screen was smashed. The location seems to be local. The poster posted on the day after I lost my cell phone. He/she said on the posting t...
Can a suspected thief see who called the police?
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. ...
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 though unless you're bound by contract...
Suppose the police conducts an illegal search of a residence (no warrant, no consent, no probable cause) and finds a dead body. There is plenty of evidence in plain sight that it was a murder and also evidence of who the killer is: he is standing next to the body with the murder weapon in his hand. The murderer, bei...
What if the police finds a dead body during an illegal search?
Suppose police conduct an illegal search of a residence (no warrant, no consent, no probable cause) and find a dead body. There is plenty of evidence in plain sight that it was a murder and also evidence of who the killer is: he is standing next to the body with the murder weapon in his hand. The murderer, being a s...
What if police find a dead body during an illegal search?
I am wanting to scan a site (which I do not own) to see if they are vulnerable to anything like Heartbleed or the POODLE attack, not because I want to exploit any such vulnerabilities for malicious purposes, but because I want to inform the site owner of any possible vulnerabilities in their site which may need to be l...
Let's say I run a basic website with no special legal concerns. What legal issues does every website have that I should know about?
What are the basic legal requirements I have as a website owner?
Suppose a contractual obligation is formed under EU law (e.g., by consumer protection laws). Now suppose that the parties to that contract (a buyer and a vendor or manufacturer) have agents in a non-EU country (say in Asia). Should they be able to adjudicate the contract under the local judicial system, even though t...
if a foreigner who doesn’t live in the states, paid for prostitute services in new york 1 year ago and wasn’t caught or anything like that but if for some reason, the police found out about it somehow.. The statute of limitations is 2 years in New York. And if the foreginer were to visit Hawaii in half a year from now ...
Can a foreigner be charged for solicitation in another state?
I live in Canada, but my servers are hosted by a third party in the United States. My website is a sports forum type of site where user's provide almost all of the content. I have a concern now if a user posts some bad content will I be liable? For instance, if a user/bot posts some content in the form of threats, ille...
I live in Canada, but my servers are hosted by a third party in the United States. I run a forum-type website, so most content is provided by users. Do I have any liability for illegal content that users may post, including: 1. Threats 1. Libel 1. Copyrighted materials 1. Child pornography How do large ...
What is my liability for third-party content I host?
Pretty much the above, can a minor with say, considerable earned assets of his own have a will made, and if not is there any alternative to a will that's possible for a minor?
Under US Law, can a minor have a will?
How can I transfer ownership of an LLC in Virginia?
In 2011 I filed paperwork with the Virginia State Corporation Commission (SCC) to form an LLC. I was the "registered agent" for the LLC. Now, in 2015, I would like my wife to own 100% of the LLC. I have changed the "registered agent" for the company from my name to her name with the SCC. However, SCC says they don'...
<h3>A hypothetical scenario:</h3> 1. An athletic event is being played in the U.S. (Let's say it's American football). 2. A fan runs onto the field and disrupts the game. 3. A player performs a rough, aggressive "football tackle" on the fan and holds the fan for security to arrive. [Click here for a video of si...
Can an athlete be prosecuted for assault on a fan if the fan is interfering with the game?
I'll use [California penal code 837][1] as an example, though most other states have similar statutes: A private person may arrest another: 1. For a public offense committed or attempted in his presence... 839 says: Any person making an arrest may orally summon as many persons as he deems necessary to aid him th...
<h3>A hypothetical scenario:</h3> 1. An athletic event is being played in the U.S. (Let's say it's American football). 2. A fan runs onto the field and disrupts the game. 3. A player performs a rough, aggressive "football tackle" on the fan and holds the fan for security to arrive. [Click here for a video of si...
Can a football player be prosecuted for tackling a fan?
<h3>A hypothetical scenario:</h3> 1. An athletic event is being played in the U.S. (Let's say it's American football). 2. A fan runs onto the field and disrupts the game. 3. A player performs a rough, aggressive "football tackle" on the fan and holds the fan for security to arrive. [Click here for a video of si...
I know the United States has the inheritance tax. But I do not really know the purpose or the point behind it. What is the point of the inheritance tax? Why must the inheritance assets be taxed instead of given directly to the heir(s)?
What is the purpose of the inheritance tax in the United States?
I'll use [California penal code 837][1] as an example, though most other states have similar statutes: > A private person may arrest another: > 1. For a public offense committed or attempted in his presence... 839 says: > Any person making an arrest may orally summon as many persons as he deems necessary to...
Consider two businesses, "Us LLC" and "Them, Inc." which are both in the field of widgets. The production of these widgets fall a regulation which mandates they be, for example, made of a particular material. "Them, Inc." is selling widgets well below competitive price points since the make theirs out of an ostensi...
Can a private individual force a competitor to cease a illegal practice which gives a competitive advantage?
We're building a website that allows users to find fun things to do and, among other things, to read articles about some of these things, but also to write their own. In order to have some of these articles available when we launch, we managed to find and import a large database of similar-themed articles, many of w...
What limits could Creative Commons NonCommercial content impose on a site when it comes to revenue?
Consider two businesses, "Us LLC" and "Them, Inc." which are both in the field of widgets. The production of these widgets fall under a government regulation that mandates they be, for example, made of a particular material. "Them, Inc." is selling widgets well below competitive price points because they make their...
This will depend on the state. However, I think most states have similar requirements. Here is California's requirement from that state's [Probate Code Section 6100][1]: > 6100. (a) An individual 18 or more years of age who is of sound mind may make a will. One alternative to a will would be a revocable trus...
This will depend on the state. However, most states have age requirements similar to that found below: California's [Probate Code Section 6100][1]: > 6100. (a) An individual 18 or more years of age who is of sound mind may make a will. One alternative to a will would be a revocable trust with named benefici...
Consider two businesses, "Us LLC" and "Them, Inc." which are both in the field of selling widgets to the general public. The production of these widgets fall under a government regulation that mandates they be, for example, made of a particular material. "Them, Inc." is selling widgets well below competitive price ...
[See here][1]. A client of mine came today with a scenario that I had never seen. She had worked for a company for three years, held about $60K in a 401K, but after four months from being laid off, she hasn't been able to rollover her funds to an IRA. Since she's had trouble finding a job in software (cutbacks), s...
[See here][1] (United States). A client of mine came today with a scenario that I had never seen. She had worked for a company for three years, held about $60K in a 401K, but after four months from being laid off, she hasn't been able to rollover her funds to an IRA. Since she's had trouble finding a job in softwa...
A client of mine came today with a scenario that I had never seen. She had worked for a company for three years, held about $60K in a 401K, but four months after being laid off she hasn't been able to rollover her funds to an IRA. Since she's had trouble finding a job in software (cutbacks), she doesn't want to sue o...
I would like to create an application/website which is automating some processes on another website A. So my application would basically use website A like a normal user would (there is no API available). Is offering an application like this considered illegal? Since I would not have a permission from website A to d...
My app uses another website. Is it legal?
Works enter the public domain after ... years from publication. But most software these days is not sold but "licensed" (per EULA). So the recipient never received said "software", he's just using someone else's work (kind of like me using Google search, its code never enters the public domain). Does that mean that ...
Will software ever enter the puvlic domain?
Software companies write EULA to force users to relinquish their rights (such as first sale, decompiling/reverse engineering) before being allowed to use the software. Why are books never published this way (by opening this book you agree to the license ...). There are many publishers that would *love* to remove rig...
Why were books never published with a EULA?
I recall reading about speeding ticket defenses in some jurisdiction in the United States or Canada that the fact that the officer "reduced" the alleged speed that he obtained through his radar and such, invalidates the whole ticket. (Which is probably one of the reasons that the officers never negotiate what number t...
Is a speeding ticket invalid if the listed speed is not what it was?
As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is [prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful (Texas Sec. 545.352)](http://www.statutes.legis.s...
Is following the flow of traffic a valid speeding defence in Texas?
Will software ever enter the public domain?
I've never heard of reducing the speed making the ticket invalid. In fact, many jurisdictions will amend the ticket to the actual speed that was taken on the radar if someone attempts to go and fight a ticket in court after an officer cut them some slack by lowering the speed, likely to eliminate that line of argument ...
If you have a speeding ticket in Texas, how exactly could a Speed Zone Study help to defend against the citation? If the ticket says, for example, 80 mph in a 70 on an interstate (which is the lowest possible citation in a 70 zone, according to an officer), what information from a traffic study would be sufficient t...
Edward Snowden leaked classified U.S. government materials to be published by Glenn Greenwald. Chelsea Manning leaked classified U.S. government materials to be published by Julian Assange. The U.S. government has successfully prosecuted Manning, and made clear its intention to prosecute Snowden and Assange if it...
What protects Glenn Greenwald from liability under U.S. law for his role in the publication of classified materials provided by Snowden?
Edward Snowden leaked classified U.S. government materials to be published by Glenn Greenwald. Chelsea Manning leaked classified U.S. government materials to be published by Julian Assange. Now, - Manning has been successfully prosecuted in the U.S. - The U.S. government has made clear its intention to pr...
Texas and California are actually what's called *Presumed Speeding* states, unlike most others that are *Absolute* speeding states (there is a little known third category which is called "Basic", but this is uncommon). In a “Presumed” speeding state, a speed-limit violations offer someone in your shoes far more flexibi...