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#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... |
Quoting from [here](http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html),
> Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wro... |
Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer has the right of demanding the car documents and insurance proof without a search warrant?
Please note that the question is about the car documents or anything other than the occupants identification (whi... |
If a driver is stopped by police, does the officer has the right to demand the car documents? |
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... |
If a driver is stopped by police, does the officer have the right to demand car documents? |
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 ... |
Are there states other than Israel where judges appoint themselves? |
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 ... |
How can a jury know about jury nullification? |
Does the WTFPL legally disclaim warranties? |
There appear to be three types of pedestrian crossings in the United States:
1. *Marked*: an "official" crosswalk with some sort of markings or indication that it exists.
2. *Unmarked*: According to wikipedia, "Unmarked crosswalks generally exist as the logical extensions of sidewalks at intersections with approxim... |
In the United States, do pedestrians always have right of way? |
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](http://en.wikipedia.org/wiki/Solicitor_General) argue in courts, then ought they not be called 'Barristers Gene... |
There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote employee on a more permanent basis. But different countries have greatly differing labor laws, and bringing a case to c... |
What jurisdiction do remote workers fall under? |
What's the penalty for breaking a residential lease?
For example, in the Bay Area in Northern California. |
What's the penalty for breaking a residential lease in NorCal? |
The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation.
However, a lot of corporate complexes employ monthly pricing that's effectively set not on the number of total months you sign the contract for, but on the data mining and the moveout... |
Are residential lease durations in Bay Area meaningless? |
In general terms, if you ask the court of a sovereign state to probate a will, the court will inquire if the will is valid under national law. If it is, the will is accepted and probated. If it's not, the will is rejected and the estate is probated intestate.
So the question is: is there any difference between Engli... |
"I don't recall" will protect you from perjury only if it's true.
Let me try an example. You're asked: "Did Mr. Blatter hand you an envelope full of cash?"
You say: "Not to my recollection."
Now the government introduces a videotape of you receiving and counting the money, and a thank-you note you wrote to Bla... |
It's quite common that plans change, and a residential lease must be broken.
[Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find someone else to help them mitigate the damages.](http://law.stackexchange.com/questions/293/whats-the-penalty-for-breaking... |
Is it legal for landlord to prohibit subleasing? |
Suppose that a plaintiff wants to bring a lawsuit, but keep his/her identity strictly confidential and private, except to the judge and other party. I ask about both criminal and NON-criminal cases.
To wit, the plaintiff refuses the general public or media, knowledge of his/her identity. Is this possible? Who decid... |
In the UK, how can a plaintiff remain private and confidential? |
For brevity, abbreviate 'keep strictly confidential and private' to ['confidentialise'](http://english.stackexchange.com/q/150587/50720).
Suppose that a plaintiff wants to bring a lawsuit, but confidentialise his/her identity.
I ask about both criminal and NON-criminal cases.
To wit, the plaintiff refuses... |
(Standard disclaimer: [*I am not your lawyer. I am not here to help you.*](http://law.stackexchange.com/users/176/christian-conkle))
There are at least two fundamental issues here: (1) what court(s) will have authority to impose a judgment binding a breaching party; and (2) what law will apply to the relationship. T... |
(Standard disclaimer: [*I am not your lawyer. I am not here to help you.*](http://law.stackexchange.com/users/176/christian-conkle))
There are at least two fundamental issues here: (1) what court(s) will have authority to impose a judgment binding a breaching party; and (2) what law will apply to the relationship. T... |
(Standard disclaimer: [*I am not your lawyer. I am not here to help you.*](http://law.stackexchange.com/users/176/christian-conkle))
You've tagged this "labor law," but if I understand the question correctly it's primarily about international contract disputes rather than employment law. I'm not a labor law expert b... |
(Standard disclaimer: [*I am not your lawyer. I am not here to help you.*](http://law.stackexchange.com/users/176/christian-conkle))
You've tagged this "labor law," but as I understand it a big part of this question is about international *contract* disputes rather than employment law. I'm not a labor law expert by ... |
How is Ethical Hacking defined by U.S. law?
Is there any law which protects an Ethical Hacker for helping to find out bugs and security loopholes in online/digital services being used by a corporation/government agency?
What is the stand of other countries on this matter? |
How is Ethical Hacking (Certified Ethical Hackers) defined by U.S. law?
Is there any law which protects an Ethical Hacker for helping to find out bugs and security loopholes in online/digital services being used by a corporation/government agency?
What is the stand of other countries on this matter?
|
Spawned from [this question](https://law.stackexchange.com/questions/138/impact-of-loser-pays-vs-american-rule#comment210_138): is there any jurisdiction which implements an hybrid between the "loser pays" and the "american rules", concerning who pays the legal fees?
I understand it would be very complicated to desi... |
Is there, in any jurisdiction, an hybrid between the "loser pays" rule and the "american rule"? |
If I find a musical sound recording that is licensed under a Creative Commons (CC) license, can I record and distribute my own cover of the song? (Assuming the particular CC license does not carry the No-Derivatives provision.) A derivatives-allowed CC license would allow me to redistribute and modify the recording its... |
Does a Creative Commons license allow me to record a cover of a song recording? |
If I find a musical sound recording that is licensed under a Creative Commons (CC) license, can I record and distribute my own cover of the song? (Assuming the particular CC license does not carry the No-Derivatives provision.) A derivatives-allowed CC license would allow me to redistribute and modify the recording its... |
There are benefits to using the [RECAP](https://www.recapthelaw.org/) browser plugin when accessing information in [PACER](https://www.pacer.gov/) (Public Access to Court Electronic Records):
- not paying to access PACER documents that have been cached by RECAP
- you contribute to the [Internet Archive](https://arc... |
This question is originated in a recent action took by the Highway Patrol in Brazil to catch speeders who slow down only when close to static speed radars and then speed up again. They wanted to catch speeders by placing one extra portable speed radar *close* (a few kilometers apart) to the other.
Besides caughting... |
2 speeding tickets or just 1 for driving a long distance above limit and being caught in 2 radars? |
Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer.
In general, though, I can clear up some of the confusion with a quick example.
Let's say you ab... |
In the United States, the general way to challenge violations of your constitutional rights is a civil action under [42 U.S.C. § 1983](https://www.law.cornell.edu/uscode/text/42/1983). This broad statute allows anyone injured by such a violation to obtain damages and an injunction against future conduct.
Police offi... |
I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses javascript. I have not been able to find much resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature)
Is it ... |
Are websites legally obligated to provide a non-javascript login page? |
If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification.
However, what about civil cases (e.g. in a Superior Court in California) that are presided by the judge alone, with neither plaintiff nor defendant selecting a jury trial?
Is the judge allowed to nullify laws?
For exa... |
Is the judge allowed to nullification? |
If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification.
However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge alone, with neither plaintiff nor defendant selecting a jury trial?
Is the judge allowed to nullify laws?
For exam... |
Is the judge allowed to nullify laws? |
This question originated from a recent action taken by the Highway Patrol in Brazil to catch speeders who slow down only when close to static speed radars and then speed up again. They wanted to catch speeders by placing one extra portable speed radar *close* (a few kilometers apart) to the other.
Besides catching ... |
The question actually asked, "what legal theories would support or harm...", is somewhat unclear. But what the questioner seems to be asking is, basically, what would happen if you tried it?
The answer, it seems to me, is pretty straightforward. In the hypothetical case, you have been publishing a notice for years, ... |
I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses javascript. I have not been able to find much resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature)
Is it ... |
I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses Javascript. I have not been able to find many resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature.)
Are t... |
[This amusing site on the subject of jury nullification](http://www.cgpgrey.com/blog/the-law-you-wont-be-told) notes that, during _voir dire_, lawyers
> will ask about nullification, usually in the slightly roundabout way:
> "Do you have any beliefs that might prevent you from making a decision
> based strictly on... |
I haven't used the extension, but here are the concerns I would have:
1. Does RECAP detect and handle documents filed under seal? Under some circumstances, IIRC, Pacer gives certain attorneys access to documents sealed from the general public. If you access these sealed documents through PACER and thereby submit the... |
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,... |
Am I legally obligated to get a driver's license after moving? |
Several scholars have addressed this issue. Here's a quick bibliography. It appears that the most relevant "experiments" are the imposition of loser pays in medical malpractice suits in Florida for the first half of the 1980s, and Alaska's loser pays system. The Gryphon article below includes and discusses a decent amo... |
What are the laws regarding Copyrights pertaining to copying of website templates ( which is an intellectual property )? |
Website Copyright Laws under Intellectual Property Laws? |
Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment.
Is the law still confined to an 'unjust factors' approach as recently reiterated by Lord Sumption in *Test Claimants in the FII Group Litigation v HMRC* [2012] 2 AC 337 [162] (UKSC).
> ... |
Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach? |
This effectively comes under duty of care. Firstly, in the UK there is no obligation to be a Good Samaritan - in other words, there is no obligation to be a rescuer. Until you intervene to try and rescue someone, you do not owe that person a duty.
As soon as you do intervene, however, you **do** owe them a duty. Spe... |
The question actually asked, "what legal theories would support or harm...", is somewhat unclear. But what the questioner seems to be asking is, basically, what would happen if you tried it?
The answer, it seems to me, is pretty straightforward. In the hypothetical case, you have been publishing a notice for years, ... |
Suppose there is a nationally known politician, and it is widely reported in the papers that some of his supporters fear leaving their college-aged daughters alone with him.
And suppose someone writes a work that is purportedly fiction, but uses the politician's real name, and in the story, the hero expresses a fear... |
What is "fair comment" in the context of a defamation suit? |
I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses Javascript. I have not been able to find much resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature.)
Are t... |
This effectively comes under duty of care. Firstly, in England and Wales there is no obligation to be a Good Samaritan - in other words, there is no obligation to be a rescuer. Until you intervene to try and rescue someone, you do not owe that person a duty.
As soon as you do intervene, however, you **do** owe them ... |
This [Skeptics SE post][1] regarding a transgendered individual (male to female) using a female locker room brought up some interesting legal issues regarding the rights of transgendered individuals in using the locker rooms appropriate to their mental but not biological gender.
What laws apply in such cases? Are t... |
What laws apply to transgendered individuals using toilets and locker rooms? |
Under California's community property law, each spouse can only control half of the couple's community property in his or her will. Does the same rule apply to life insurance benefits? Can one spouse name someone other than the surviving spouse as sole beneficiary, or is the surviving spouse entitled to one half of the... |
In California, what happens if one spouse names a third party as their sole life insurance beneficiary? |
To address an earlier answer that has since been deleted (together with my disagreement comment)... Some people suggested that "I do not recall" is an example of Taking the Fifth.
But we respectfully disagree. In the "I do not recall" statement, one is alleging that one has no recollection of a certain event or fa... |
Several scholars have addressed this issue. Here's a quick bibliography. It appears that the most relevant "experiments" are the imposition of loser pays in medical malpractice suits in Florida for the first half of the 1980s, and Alaska's loser pays system. The Gryphon article below includes and discusses a decent amo... |
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? |
Are the opinions of a United States superior court public knowledge? |
Quoting from [here](http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html),
> Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wro... |
If you are worried that some secret will become public, you should find and meet with an *attorney*, not a financial adviser or other nonlawyer. *Your* attorney is able to shield your secret information from disclosure in ways other professionals cannot. Raise any credit score issues you're concerned about.
In gener... |
If a police officer gives me an Order, How an I tell whether or not I'm legally obligated to follow that order. If I ask the officer, is is he/she required 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 ... |
If a police officer gives me an order, how an I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is is he/she required 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 a... |
How can you tell if you have to follow a police officer's instructions? |
Possession of narcotics is of course illegal in many jurisdictions. Recently there has been talk of relaxing or eliminating prohibitions on the sale and possession of drugs.
Are there any international treaties or supranational legislation that would be breached if, say, the United Kingdom legalised narcotics? If so,... |
Is the prohibition of narcotics mandated by an international treaty? |
I'm aware that various laws exist regulating research on human subjects (Wikipedia summary [here](https://en.wikipedia.org/wiki/Institutional_review_board) and in linked pages). However, I've had a tough time finding sources that clarify the boundary between legal restrictions and "guidelines". It's also not clear to... |
Which aspects of human-subjects research rules are actually laws rather than conventions? |
Given a scenario I'm currently in, I'm curious as to what my legal options are. I've done some reading on the subject, but haven't found anything that hints at my particular case.
Let's say COMPANY provides SERVICES (web application development, to be exact) to CLIENT. Things were requested, agreed, and confirmed vi... |
What legal recourse does COMPANY have against CLIENT for compensation when it performs work for CLIENT without a contract, given that COMPANY has documentation of provided services, along with multiple witnesses? |
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... |
In the USA, anti-bribery laws prohibit a company from offering bribes or kickbacks to government officials.
If a [channel partner](http://en.wikipedia.org/wiki/Channel_partner) of company X offers a bribe, would X be hold liable if it knew about the bribe, even though it didn't participate nor authorize the bribe? |
In particular, I am curious how the EC Regulation on Insolvency Proceedings addresses issues with cross-border corporate groups. The UNCITRAL Model Law contains provisions on the cooperation of insolvency courts in international proceedings. Have similar provisions been translated into the EC Regulation? And if not, ha... |
How does the EC Regulation on Insolvency Proceedings address cooperation between between EU and non-EU insolvency courts? |
I recently read a [wired article](http://www.wired.com/2015/05/silk-road-2/) about Silk Road and the arrest of Ross Ulbricht. The article describes how an FBI agent attempted to discover the true IP address of the Silk Road Server:
> Tarbell [New York FBI] threw data at Silk Road, hoping to see the leak. He entered
... |
Under what circumstances could law enforcement hack a server? |
In response to Mike Huckabee's theoretical claim, from a legal standpoint, it is important to realize that laws protecting transgender people using gendered facilities consistent with their gender identity do not overwrite other laws: regardless of gender identity, sexual harassment remains sexual harassment, rape rema... |
I'm aware that various laws exist regulating research on human subjects (Wikipedia summary [here](https://en.wikipedia.org/wiki/Institutional_review_board) and in linked pages). However, I've had a tough time finding sources that clarify the boundary between legal restrictions and "guidelines". It's also not clear to... |
Are there surveys on the share of class action settlement that actually goes to the plaintiffs? |
When filling out a form there is often a field for entering a title (such as Mr, Mrs, etc.). Am I free to put whatever I want in this field or do titles have a legal meaning? |
Is my title part of my legal name or hold any legal meaning? |
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... |
Is my title part of my legal name or does it hold any legal meaning? |
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